McTeer v. Caldwell

Citations

• 77 Va. 596
• 1883 Va. LEXIS 96

Syllabus

<p>1. Board of Education—District school trustees.—Prior to nth January, 1877, the duty of appointing and removing district school trustees was devolved on the state board of education by Code 1873, chapter 78, section 7, clause 4.</p> <p>2. Idem—Idem—School trustee electoral board.—By Acts 1876-77, ch. 12, p. 9,—clause 4, section 7, chapter 78, Code 1873, was repealed, and the power of appointing and removing district school trustees was vested in a “ school trustee electoral board,” to be composed of the county superintendent of schools, the county judge, and the attorney for the commonwealth in each county.</p> <p>3. Evansham school district—is not a city of the first or second class mentioned in section 2, chapter 79, Code 1873, but is a mere school district in a county, or a separate school district, such as is contemplated by the act approved 13th February, 1877. In the former case the school trustees of that district must be appointed by the “ school trustee electoral board” of Wythe county; in the latter case the school trustees of that district must be appointed by the town council of Wytheville.</p> <p>4. Idem—School trustees—Board of Education—Case at bar.—The state board of education having been officially informed that F. and two others who had been appointed school trustees of Evansham school district in Wythe county, had failed to take the oath of office and qualify according to law, and that the town council had failed, within the time prescribed by law, to fill the vacancies thereby created, appointed McT. and two others to fill said vacancies: who took the oaths according to law and organized, and demanded of C. and his associates the books, &c., of the said school district, but they refused to surrender the same. Whereupon McT. and his associates presented to this court their petition for a rule against C. and his associates, to show cause why a peremptory mandamus should not issue to compel them to deliver the said books, &c., to petitioners. The