Branaman v. Hinkle

• Decision Date: 18 May 1894
• Docket Number: 16,756
• Parties: Branaman v. Hinkle et al
• Court: Indiana Supreme Court

37 N.E. 546

137 Ind. 496

Branaman v. Hinkle et al

No. 16,756

Supreme Court of Indiana

May 18, 1894

From the Jackson Circuit Court.

The judgment is affirmed.

D. A Kochenour, N. Crooke and M. Owen, for appellant.

R Applewhite and J. F. Applewhite, for appellees.

OPINION

Dailey, J.

The complaint of appellant alleges, in substance, that in the years 1890 and 1891 he was a reputable teacher licensed to teach in the public schools of Jackson county, Indiana; that for a period of five years he had been so engaged, and possessed and enjoyed a high reputation and standing in the profession for learning, skill, executive ability, and success as a teacher; that on the 28th of July 1890, he entered into a contract with Owen school township in said county, through its then trustee, to perform the duties of principal teacher in one of its designated districts for a term of six months, at a compensation of $ 3.25 per day, and all outside tuition fees and janitor service; that in pursuance of such contract, on the 15th of September, 1890, he entered upon his duties; that defendant, Hinkle, was the acting trustee of said township at said time, still is, and ever since has been, and the defendant, Black, was then, and still is, the county superintendent of said county; that the defendants, being envious of the success, popularity and good repute of plaintiff as a teacher, and being jealous of his personal and social standing and influence in said community, unlawfully combined, confederated and conspired together to unlawfully and without cause, injure and destroy his good repute as a scholar and teacher, to bring him into disgrace and ignominy in his profession, and to break down and destroy his fair name and influence in the community and throughout said county, and to have him discharged and removed as such teacher and deprived of the benefits of said contract; that to the end and in furtherance of said unlawful confederacy the defendants, on November 27, 1890, while the plaintiff was so engaged in his duties as teacher, unlawfully, wickedly, maliciously and without probable cause, procured, and caused to be procured, certain irregular, false and pretended charges to be made against him as teacher of said school, for cruelty, incompetency and general neglect of duty; that said charges were not petitioned for by a majority of those entitled to vote at school meetings in said district; that said charges were filed with defendant Hinkle, as trustee, and he thereupon assumed to hear the same, over the plaintiff's objection and protest, and, in furtherance of said conspiracy, wrongfully and unlawfully assumed jurisdiction when he knew that the charges were not made by a majority of such voters; that defendant Hinkle gave him a pretended trial thereon, on December 6, 1890, and thereupon did willfully, falsely, corruptly, and contrary to the law and the evidence, but pursuant to the unlawful conspiracy, find plaintiff guilty of said charges and order his discharge and removal as teacher aforesaid; that plaintiff, being in ignorance of the conspiracy, thereupon appealed from the decision and judgment of said trustee to the county superintendent, Black, who assumed to hear, try and determine said pretended charges on appeal to him from said trustee; that on the trial thereof before said Black, he unlawfully and without right over the objection and protest of plaintiff, suffered, authorized, and permitted the adding of new and additional names of petitioners to the pretended charges as made and filed before the trustee; that after giving plaintiff a pretended trial on his appeal, the defendant Black, on December 29, 1890, in furtherance of the aforesaid conspiracy, corruptly, falsely, willfully, and contrary to law and the evidence, sustained the jurisdiction of said trustee to hear and determine said cause, and affirmed the decision and judgment of his co-defendant and co-conspirator Hinkle and removed the plaintiff from his position as teacher of said school; that plaintiff was wholly without fault, but was wrongfully, unlawfully, maliciously, and without cause, by and through the unlawful conspiracy of defendants, removed and discharged from teaching said school and prevented from finishing said term while the same was but half out, depriving him of further benefits and wages thereunder, throwing him out of employment, greatly injuring his standing and reputation, besides compelling him to expend $ 500 in and about his defense thereto, by reason of all which he has sustained damages in the sum of $ 5,000, for which he demands judgment.

A demurrer was sustained to the complaint by the Jackson Circuit Court, upon the ground that it did not state facts sufficient to constitute a cause of action, in this, that the complaint showed that the trustee and county superintendent were acting in judicial capacities when they made their several decisions against the appellant, and were not answerable for their acts as judicial officers. Section 1, Article 7 of the Constitution of this State, being section 161 Burns' Rev. 1894, treats of judicial power as follows: "The judicial power of the State shall be vested in a Supreme Court, in circuit courts, and in such other courts as the General Assembly may establish."

In Waldo v. Wallace, 12 Ind. 569, it is said that judicial offices are those which relate to the administration of justice,...