Bryant v. Kincher

• Decision Date: 03 December 1935
• Citation: 261 Ky. 546,88 S.W.2d 291
• Parties: BRYANT et al. v. KINCHER.
• Court: Kentucky Court of Appeals

88 S.W.2d 291

261 Ky. 546

BRYANT et al. v. KINCHER.

Court of Appeals of Kentucky

December 3, 1935

Appeal from Circuit Court, Rockcastle County.

Action by Anna Mae Kincher against Myrtle Bryant, superintendent of the common schools of Rockcastle county, and another. From an adverse judgment, defendants appeal.

Affirmed.

S. F Bowman and Williams & Denny, all of Mt. Vernon, for appellants.

H. J McClure and J. J. Felton, both of Mt. Vernon, for appellee.

RICHARDSON Justice.

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, the board entered into a contract with Anna Mae Kincher to teach the school which the county superintendent refused to sign. On her refusal to sign the contract of Anna Mae Kincher and the board, the superintendent recommended Goldie Race...