Sullivan v. Bd. of Regents of Normal Sch.

• Decision Date: 11 October 1932
• Citation: 209 Wis. 242,244 N.W. 563
• Parties: SULLIVAN v. BOARD OF REGENTS OF NORMAL SCHOOLS.
• Court: Wisconsin Supreme Court

209 Wis. 242

244 N.W. 563

SULLIVAN

v.BOARD OF REGENTS OF NORMAL SCHOOLS.

Supreme Court of Wisconsin.

Oct. 11, 1932.

Appeal from an order of the Circuit Court for Dane County; A. G. Zimmerman, Circuit Judge.

Action by Marie A. Sullivan, née Van Ermen, against the Board of Regents of Normal Schools. From an order overruling a demurrer to the amended complaint, defendant appeals.--[By Editorial Staff.]

Reversed, with directions.

Action begun April 19, 1932; order entered June 27, 1932. Demurrer. Plaintiff's complaint sets out two causes of action, in the first of which the plaintiff seeks to recover a balance of $4,583.31, alleged to be due her on her teaching contract, and in the second, she seeks to recover $1,000 alleged to be the reasonable value of her services as manager of the cafeteria of the Milwaukee Normal School for the year 1926-27.

There was a demurrer to the amended complaint which was overruled, and from the order overruling the demurrer, the defendant appeals.John W. Reynolds, Atty. Gen., and Herbert H. Naujoks, Asst. Atty. Gen., for appellant.

Sullivan & Taugher, of Milwaukee (John J. Sullivan, of Milwaukee, of counsel), for respondent.

ROSENBERRY, C. J.

The sole question raised upon this appeal is whether or not an action for the recovery of a money judgment may be maintained against the Board of Regents of Normal Schools.

Section 37.01 provides: “For the government of the normal schools established, and which may hereafter be established, and for the performance of the duties prescribed to them, there is constituted a board of eleven regents, called ‘The Board of Regents of Normal Schools.’ * * *”

Section 37.02(1) provides: “The board of regents and their successors in office are constituted a body corporate by the name aforesaid; and may purchase, in the manner provided by law, have, hold, control, possess and enjoy, in trust for the state, for educational purposes solely, any lands, tenements, hereditaments, goods and chattels of any nature which may be necessary and required for the purposes, objects and uses of the state normal schools authorized by law and none other, with full power to sell or dispose of such personal property in the manner provided by law, or any part thereof when in their judgment it shall be for the interest of the state; and shall possess all other powers necessary or convenient to accomplish the objects and perform the duties prescribed by law. The board of regents shall not sell, mortgage or dispose of in any way any real estate, nor borrow money without the express authority of the legislature; nor shall they contract indebtedness nor incur liabilities to exceed, at any time, in the aggregate, the amount of money which, under the provisions of law, shall then be at their disposal in the hands of the state treasurer; nor shall said board ever reduce the amount so at their disposal below the aggregate amount of their indebtedness or liability, except in payment of such indebtedness or liability. The proceeds of the sale of any real or personal estate shall be paid by them into the treasury, and shall become a part of the income of the normal school fund.”

Section 37.07 provides: “Auditing accounts. All payments for the erection, repairs or enlargement of any normal school buildings, or for fixtures...