Heyland v. Wayne Independent School Dist. 5 of Wayne Tp.

• Decision Date: 16 June 1942
• Docket Number: 45974.
• Parties: HEYLAND v. WAYNE INDEPENDENT SCHOOL DIST. NO. 5 OF WAYNE TP.
• Court: Iowa Supreme Court

4 N.W.2d 278

231 Iowa 1310

HEYLAND v. WAYNE INDEPENDENT SCHOOL DIST. NO. 5 OF WAYNE TP.

No. 45974.

Supreme Court of Iowa

June 16, 1942

Mabry & Pabst, of Albia, for appellant.

Miller Everett & Miller, of Albia, for appellee.

WENNERSTRUM Justice.

The appellee in this action filed a petition at law, with amendments thereto, and sought judgment for the amount due her by reason of a teacher's contract entered into with the appellant school district, which contract the district failed to carry out. The appellant asserted in its answer that the contract obtained by the appellee was secured by fraud. It was also claimed that at the time the contract in question was authorized by the school board one of the school directors was a de facto officer and that the plaintiff had knowledge of this fact and she was in no position to rely upon any action performed or authorized by virtue of his vote. The trial court held that the evidence substantiated the plaintiff's claim; that the plaintiff was not guilty of any perpetration of or participation in any fraud in connection with the claimed election of the de facto school director; that the plaintiff appellee was not sufficiently acquainted with the status of the claimed de facto officer to charge her with notice of that fact; and that she was entitled to rely upon his action in voting for her election as school teacher for the district. Judgment was therefore entered for the full amount of her claim, with interest. The school district has appealed.

Certain matters of evidence are conceded. It is not denied that the appellee held a valid teacher's certificate which would entitle her to teach in the school of the appellant district. It is conceded that she received a signed teacher's contract on April 19, 1937 which had been authorized and approved by the school board, as then constituted. The main matters of dispute involve the claimed illegal election of Alex O'Brien on March 8, 1937 and the knowledge of this purported illegal election on the part of the plaintiff.

The school election, which was held on the date previously mentioned resulted in Alex O'Brien receiving 14 votes and T. L Coughlin 13 votes. Eight of the twenty-seven votes that were cast at this election were challenged but counted. The record of the minutes of the school board meeting of March 8, 1937 shows that T. L. Coughlin at that time, "asked a contest of the election." The record discloses the fact that there had been a twenty-five year old contest between the east and west side of the school district. Certain persons who had recently moved out of the district or who had moved into the district after March 1, 1937 voted. The election contest developed by virtue of the claimed illegality of the consideration of the votes of these particular persons.

The minutes of the school board show that on March 15, 1937 a meeting was held, at which time Alex O'Brien was sworn in as a member of the board. These minutes further show that a motion was passed that the board meet July 1, 1937. It is also disclosed by the records of the board that a special meeting was called by the president on April 19, 1937 at which time the president of the board and Alex O'Brien were present. The other member of the board was not in attendance. The records of this meeting disclose that on that date a motion was passed that the plaintiff be employed as a school teacher for a term of nine months, at a salary of $60 per month. Pursuant to this motion the contract in question was signed by the plaintiff and the president of the school district.

On March 27 1937 T. L. Coughlin filed, in the office of the county auditor of Monroe County, Iowa, a statement of contest. On April 26, 1937, a hearing was had before the contest court, in the manner as provided by law, and it was held by that tribunal that the votes of the persons challenged at the school election were illegally received and counted to the detriment of the contestant, T. L. Coughlin. It was the further conclusion of that court that all of the challenged votes were cast in favor of Alex O'Brien and that these votes should be deducted from the total amount of votes received by him in the election. The contest court further held that T. L. Coughlin, the contestant, was the duly elected director and was entitled to his certificate of election and should be sworn in and recognized as such director.

The appellant district contends, as a basis for a reversal of the trial court's action, that it erred (1) in holding that Alex O'Brien, the de facto director, could exercise the authority of that office and vote for the election of a school teacher for the defendant district; and in holding that the contract which he authorized by his vote was binding upon the district; and in further holding that the plaintiff was not so acquainted with the status of Alex O'Brien as a de facto officer as to charge her with notice of the claimed defects of the holding of said office; (2) that the trial court erred in sustaining the objection of counsel for plaintiff to a question propounded on cross-examination to one of the witnesses for the...