Bryant v. Kincher

• Decision Date: 03 December 1935
• Parties: Bryant et al. v. Kincher.
• Court: United States State Supreme Court — District of Kentucky

Page 546

261 Ky. 546

Bryant et al. v. Kincher.

Court of Appeals of Kentucky.

Decided December 3, 1935.

Schools and School Districts. — Where county board of education gave teacher, recommended by subdistrict trustee, five additional weeks to obtain and file teacher's certificate with board and at expiration of that time subdistrict trustee, with board's permission, withdrew his recommendation of teacher and recommended another, refusal of county superintendent to sign contract entered into by board with second teacher held improper (Ky. Stats. Supp. 1934, sec. 4399-9).

Appeal from Rockcastle Circuit Court.

S.F. BOWMAN and WILLIAMS & DENNY for appellants.

H.J. McCLURE and J.J. FELTON for appellee.

OPINION OF THE COURT BY JUDGE RICHARDSON.

Affirming.

Between February 1 and April 1, 1935, Mrs. Lula Payne filed with the county board of education of Rockcastle county a written recommendation signed by the trustees of subdistrict No. 36, requesting her selection and appointment as teacher of the common school of the subdistrict for the 1935-1936 term. She was at that time the holder of a certificate qualifying her to teach the school, but it expired June 30, 1935. Hence, she had to obtain a certificate authorizing her to teach the school for the year and present it to the county board of education before she was eligible to begin the performance of her services as teacher. The school commenced July 22, at which time Mrs. Payne had not received a certificate authorizing her to teach it. The county board of education extended the time five weeks in which for her to obtain a certificate and produce and lodge it with the board. Goldie Race, in July, was employed temporarily to teach this five weeks because Mrs. Payne had not yet received a teacher's certificate. The second Saturday in each month was the time of the regular meeting of the board of education. At the expiration of the five weeks extended to Mrs. Payne in which to obtain and lodge with the board a teacher's certificate, the subdistrict trustee appeared before the board while it was in session and withdrew his recommendation of Mrs. Payne and lodged with it a recommendation of Anna Mae Kincher as teacher. The board granted the trustee permission to withdraw his recommendation of Mrs. Payne and to lodge with it the recommendation of Anna Mae Kincher.

On the 25th day of July, 1935, the subdistrict trustee signed a recommendation of Edith Allen as teacher of the school in subdistrict No. 36. She having been engaged to teach school in another district, did not lodge it with the board. Hence, only two recommendations were lodged with, or presented to, the board of education; Mrs. Payne's and Anna Mae Kincher's.

At the meeting of the board at which Mrs. Payne's recommendation was withdrawn by the subdistrict trustee,...