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Goetz v. School-District No. 59

John M. Goetz v. School-District No. 59 of Stearns County

Goetz v. Sch.-Dist. No. 59, 17 N.W. 276 (Minn. 1883)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
October 15, 1883
Citations
17 N.W. 27631 Minn. 1641883 Minn. LEXIS 39
Summary
Plaintiff brought this action in the district court for Stearns county, to recover for his services as a teacher in the schools of defendant. Defendant appeals from an order by McKelvy, J., overruling its demurrer to the complaint. The only allegation in the complaint showing plaintiff’s qualifications for employment as a teacher in the public schools is the following, viz.: “That this plaintiff is, and for more than six months last passed has been, a duly qualified teacher of and in the public schools of said state.” cited Gen. St. 1878, c. 36, § 66; Jenness v. School-District, 12 Minn. 448; Ryan v. School-District, 27 Minn. 433.

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Opinion of the Court

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By the Court.

The allegation in the complaint that the plaintiff was “a duly qualified teacher of and in the public schools of the state, ” includes the fact that he had received the certificate required by the statute, for without that fact he could not be a duly qualified teacher. The complaint differs from, that in Ryan v. School-District, 27 Minn. 433 , in which there was no allegation of the receipt of the certificate, nor of any fact which included or was equivalent to the allegation of that fact. See Minn. & St. L. Ry. Co. v. Morrison, 23 Minn. 308 ; Folsom v. County of Chisago, 28 Minn. 324 .

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1890: 11900: 118902026peak 1890 · 1

Relies on it most ⓘ

  1. Glass v. St. Paul Park Carriage & Sleigh Co.45 N.W. 150 (Minn. 1890)
  2. Moon v. Allen84 N.W. 654 (Minn. 1900) · Dissent

Most recent

  1. Moon v. Allen84 N.W. 654 (Minn. 1900) · Dissent
  2. Glass v. St. Paul Park Carriage & Sleigh Co.45 N.W. 150 (Minn. 1890)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Ryan v. Sch.-Dist. No. 13, 8 N.W. 146 (Minn. 1881) 6
Minneapolis & St. Louis Ry. Co. v. Morrison, 23 Minn. 308 (1877) 3
Folsom v. Cnty. of Chisago, 9 N.W. 881 (Minn. 1881) 3

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