125 Ark. 459 | Ark. | 1916
The Farmers Bank of Newport, Arkansas, filed a petition for writ of mandamus against G. L. Smith, as treasurer, of Jackson County, Arkansas, to compel him as such treasurer to pay a certain school warrant in the sum of $30.00, which had been transferred to it. The material facts are as follows:
On September 16, 1915, the. Farmers Bank of Newport, Arkansas, became the owner in due course of business, of a school warrant in the sum of $30.00 issued to Tommie Hill for her services as a teacher by the directors of'Jacksonport Special School District. On September 17, 1915, the warrant was presented by the bank to the county treasurer, who refused payment.
■ . Tommie Hill held a first grade county certificate and made application for and secured a state-wide certificate to teach school, under Section 14 of Act 431 of the General Acts of 1911. She was employed by the directors of the special school district of Jacksonport in Jackson County, Arkansas, to teach school there. The license was issued to her by the State Superintendent of Public Instruction on June 15, 1915. She began to teach school at Jacksonport, Arkansas, and. after she had taught a month, complaint was made that she was not qualified to teach. On July 26, 1915, the State Superintendent of Public Instruction wrote to Tommie Hill that complaint had been made that she was not qualified to teach school and requested her to appear for re-examination before the County Superintendent of Schools for Jackson County at Newport in that county, on the 5th and 6th of August, 1915. On the 21st day of July, 1915, the State Superintendent of Public Instruction authorized the County Superintendent to cite her for re-examination. Tommie Hill appeared on the 5th day of August, 1915, and took the examination required of her except arithmetic. The . County Superintendent sent the questions and answers to the State Superintendent of Public Instruction and the next week received a reply from his office stating that Tommie Hill was not qualified to teach school and that her license had been revoked. The County Superintendent notified the secretary u the School Board that her license had been revoked and that this terminated her contract with the school board. Tommie Hill did not send in her license for cancellation but the State Superintendent of Public Instruction sent out a formal notice to all the County Examiners and County Superintendents of the State of the revocation of her license. This was done during the latter part of September, 1915. The County Superintendent refused to endorse on the warrant issued to Tommie Hill that it was approved by him because her license had been revoked before the warrant was issued and. before the services were performed for which the warrant was' issued. The circuit court found that the defendant showed no legal cause to refuse payment of the school warrant in question. That the warrant was owned and held by the plaintiff in due course of business and that it was entitled to its writ of mandamus. Judgment was rendered accordingly. The case is here on appeal.
Therefore, the County Treasurer was right in not paying the warrant and the circuit court should not have directed a writ of mandamus compelling him to do so.
Other reasons are urged as grounds for a reversal of the judgment; but having reached the conclusion already stated, it is not necessary to consider them.
It follows that the judgment of the circuit court must be reversed and the petition for the writ of mandamus will be dismissed.