The Board of Education of Jersey City v. Wall

• Court: New Jersey Supreme Court
• Writing for the Court: BODINE, J.
• Citation: Bd. of Educ. of Jersey City in Hudson County v. Wall, 196 A. 663, 119 N.J.L. 308 (N.J. 1938)
• Decision Date: 31 January 1938
• Docket Number: 245
• Parties: THE BOARD OF EDUCATION OF JERSEY CITY, IN HUDSON COUNTY, PROSECUTOR, v. MARGARET M. WALL AND STATE BOARD OF EDUCATION OF THE STATE OF NEW JERSEY, DEFENDANTS

196 A. 663

119 N.J.L. 308

BOARD OF EDUCATION OF JERSEY CITY IN HUDSON COUNTY

v. WALL et al.

No. 245.

Supreme Court of New Jersey.

Jan. 31, 1938.

Certiorari by the Board of Education of Jersey City in Hudson County to review action of the State Board of Education directing the Commissioner of Education to direct the Jersey City Board of Education to assign Margaret M. Wall to duty in its schools and to pay her back salary.

Decision affirmed.

Argued January term, 1938, before BODINE, HEHER, and PERSKIE, JJ.

Aloysius McMahon, of Jersey City, for prosecutor. Q. A. Ricciardelli, of Jersey City, and William G. Wall, of New York City, for Margaret M. Wall.

BODINE, Justice.

This writ brings up for review the action of the State Board of Education in directing the Commissioner of Education to direct the Jersey City Board of Education to assign Miss Margaret M. Wall to duty in its schools and to pay her the salary to which she was entitled for the period beginning February 1, 1936. Miss Wall possessed a New Jersey state permanent secondary teaching certificate. She was employed by the Jersey City Board of Education as a teacher of mathematics in the high schools of that city from September, 1931, to January, 1936. Her compensation was fixed at the rate of $8 per day in 1931 and 1932, and thereafter at the rate of $6 per day. She was assigned to the Dickinson High School and taught a mathematics class there continuously for three and a half years. In February of 1935 she was transferred to another school, where she taught until January, 1936, when she was informed, by letter, that she would not be assigned to steady employment during the coming year. On February 3, 1936, presenting herself for assignment, she was refused and brought proceedings to set aside the action of the Board of Education in dispensing with her services...