Whitman v. Owen

Citations

• 76 Miss. 783

Syllabus

<p>1. Schools. Trustees. Elections. Defacto officers.</p> <p>The election of a school trustee, though subsequent to the day fixed by law, imparts color of right to the office, and a contract with a teacher made through his participation in the proceedings of the board of which he was a de facto member, is valid, and the county superintendent of education can be compelled, by mandamus, to give the same official recognition.</p> <p>2. Same. Evidence. Recognition of trustee.</p> <p>In mandamus by the teacher to enforce her rights under such contract, it is competent to show that the trustee, notwithstanding the irregularity in his election, had been recognized as trustee by the county superintendent of education and others.</p>