State ex rel. Bloom v. Cincinnati (Bd. of Ed.)
Citations
- 24 Ohio C.C. Dec. 315
Syllabus
<p>MANDAMUS — OFFICERS—SCHOOLS.</p> <p>1. Contractor for School Engineer and Janitor not Employe in Classified Service.</p> <p>A person who by contract with a hoard of education of a city district, agrees for the sum of $6,999 to perform the duties of janitor-engineer of a school building, employ his help and furnish certain materials, netting him the sum of $100 per month for his own services, is not an employe of the hoard within the meaning of Gen. Code 4485, providing for the removal of officers and employes in the classified service.</p> <p>2. Mandamus Refused Employe Falling to Appear and Answer Charges Preferred to Require Board of Education to Again Prefer Charges and Fix Time for Hearing.</p> <p>Mandamus does not lie upon application of a school janitor-engineer, failing to appear and answer at the time fixed, charges preferred hy a hoard of education, to again require the hoard to prefer charges against him and give him opportunity for-hearing thereon.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting contention that a consignee’s acceptance of the shipment by itself creates an express or implied obligation to pay the freight charges
- “[N]o implication of an agreement to pay could arise by acceptance in view of the express provisions obligating [the non-government entity that contracted with the plaintiff] to pay shipping charges”
- “... no implication of an agreement to pay could arise by acceptance in view of the express provisions obligating [the non-government entity that contracted with the plaintiff] to pay shipping charges”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Swing
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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