Anderson v. Menzel

STURTEVANT, J. The petitioner applied to the trial court for a writ of review. The respondents appeared, filed [156]a return, and a trial was had before the court sitting without a jury. The trial court rendered judgment in favor of the respondents and from that judgment the petitioner has appealed and has brought up a bill of exceptions.

Theretofore the petitioner had been a permanent teacher in Lynwood elementary school district. On the twenty-sixth day of April, 1928, the trustees of Lynwood elementary school district served on the petitioner a notice that charges had been filed against him as a teacher and a notice that a hearing would be held by the board of trustees on May 12, 1928. On the date last mentioned a hearing was had and thereafter the board of trustees entered an order that the charges preferred against the petitioner had been sustained on the ground of incompetence and evident unfitness for service, and ordered that the petitioner be dismissed from his position as a permanent teacher. The order was made by two members of the board, Charles G-. Scranton and P. M. Higley. At the time of the hearing before the board the hearing was had before the full board consisting of Charles G. Scranton, P. M. Iiigley and Mrs. J. H. Fadler, except as hereinafter noted. W. P. Ellsworth, the last witness called at the hearing, was called by the petitioner. In reply to questions propounded by Mr. Fall, the attorney for the petitioner, Mr. Ellsworth testified as follows: “I am a carpenter and have been so engaged close to twenty-three years and I am so engaged at the present time. If you show me certain pieces of carpenter work I think I can judge competently as to the manner of the construction of the work and the material used. I cannot see anything wrong with the table to which you call my attention. For a boy’s work I think it is done exceptionally well. As to the additional specimen of work which you show me it looks like it is finished very neatly I would say. I do not see anything wrong with the workmanship or structural design of it.” Then the proceedings were as follows: “Q. Now you might look at this book trough. Just a moment, please. Let us note, Mr. Reporter, that Mr. Scranton isn’t present at this portion of the hearing. He appears to be absent from the board table. By Mr. Boiler: Then, let us adjourn for a moment or two. By Mr. Fall: Very well. But I don’t know when he took the liberty to adjourn. (At this point in the proceedings a recess was taken for ten [157]