Caffrey v. Superior Court of King County

• Decision Date: 14 March 1913
• Citation: 130 P. 747,72 Wash. 444
• Parties: CAFFREY v. SUPERIOR COURT OF KING COUNTY et al.
• Court: Washington Supreme Court

130 P. 747

72 Wash. 444

CAFFREY v. SUPERIOR COURT OF KING COUNTY et al.

Supreme Court of Washington

March 14, 1913

Department 1. Action by Marie Caffrey against the Superior Court of King County and others. From a judgment dismissing the action plaintiff sued out a writ of review. Reversed, with directions.

Dudley G. Wooten, of Seattle, for relator.

John F Murphy, of Seattle, for respondent.

MOUNT J.

This action was brought in the superior court of King county to review an order of the board of directors of school district No. 175 in that county which order discharged the plaintiff as a teacher in the public schools. The trial court sustained a general demurrer to the complaint and dismissed the action. Thereupon the relator sued out this writ to review that order of the superior court.

No question is raised as to the jurisdiction of this court to review the order in this manner and we have concluded that the showing made in the petition is sufficient to confer jurisdiction upon this court. The question presented here is Did the trial court have jurisdiction to review the order of the board of school directors in discharging the relator as a teacher? The relator relies upon the allegations in her complaint, to the effect that she had entered into a contract with the board of directors to teach in said school district for the school year 1912-13 for the stipulated salary of $75 per month; that she was qualified and authorized to teach in this state, and that in April 1912, she entered upon her duties under her contract and continued thereafter to perform the same; that on November 4, 1912, a meeting of the board of directors was held in said school district; that Mr. Burrows, county superintendent of schools for King county, was present at said meeting, and directed and dominated the proceedings thereof; that certain persons were permitted to make oral charges against the plaintiff; that said meeting was without notice to the plaintiff, and she was not permitted to be present or hear said charges and no record was made thereof; that, after said charges had been made against her, Mr. Burrows 'said that she must resign, and upon plaintiff's replying that she would not resign under such circumstances, without being given an opportunity to know what she was charged with, and without being allowed to defend herself, or to have a fair and impartial trial, the said Burrows again announced that she resign and that if she did not he would make the board of directors discharge her and would cancel her teacher's certificate; * * * that thereafter, to wit, on November 8, 1912, another meeting of said board of directors was held, at which said Burrows was again present, and directed and controlled all that was said and done; * * * that at said second meeting no further investigation or examination of witnesses or hearing of testimony was had, nor was plaintiff any further or differently advised and notified of the charges against her than as before described at the first meeting of November 4th, but, when said second meeting convened, said Burrows demanded of plaintiff why she had not resigned, and again declared that, if she did not resign, he would have her discharged and cancel her certificate; that no record of any proceedings against the plaintiff was made or kept; that on November 18, 1912, plaintiff was served with a copy of the resolution, as follows: 'At a regular meeting of the board of directors of school district No. 175 of King county, Washington, held at the Duwamish school on the 16th day of November, 1912, at 7:30 o'clock p. m., it appearing to the board of directors that it will be impossible to retain the services of Miss Marie Caffrey...