State ex rel. Barnard v. Board of Education

Citations

• 19 Wash. 8
• 52 P. 317
• 1898 Wash. LEXIS 308

Syllabus

<p>PROHIBITION — DISQUALIFICATION OF SCHOOL DIRECTOR TO TRY OFFICER — POWER OF SUPREME COURT TO ISSUE SUPERSEDEAS — APPEAL — SUPERSEDEAS BOND.</p> <p>On appeal from a judgment quashing an alternative writ of prohibition, a bond conditioned as a supersedeas does not operate as a suspension of the judgment.</p> <p>The supreme court has jurisdiction to issue an order of supersedeas to preserve the status quo of parties pending the determination of an appeal on its merits, under art. 4, §4, of the constitution, giving the supreme court power to issue all writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction, when for want of such an order the appeal may be rendered of no avail to appellant, and the court’s control of the appeal rendered ineffective.</p> <p>Where a board of education is by law constituted a tribunal, from which there is no appeal, for the trial of its school officers, a member of the board who has caused charges to be preferred against a school superintendent because of personal hostility toward him, and has announced a determination to vote against him, whatever the evidence, is disqualified to sit as a member of such tribunal during the trial of the superintendent and, if he attempts to participate as a member of the tribunal, may be restrained by the issuance of a writ of prohibition.</p>