State ex rel. Sittler v. Board of Education

Citations

• 18 N.M. 183

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Mandamus cannot be maintained to compel reinstatement of a school teacher who has been removed by the school officers and .whose relation to the school authorities rests wholly in contract. It is only where the teacher, by positive provision of law, has a fixed tenure of office, or can be removed only in some prescribed, manner, and where, consequently, it is the plain ministerial duty of the school board to retain him, that mandamus can be maintained.</p> <p>P. 187</p> <p>2. A school teacher has no fixed tenure of office by provision of law in this jurisdiction and his rights are measured by the terms of his contract with the school officers.</p> <p>P. 190</p>