# State Ex Rel. Howard v. Ireland

> Montana Supreme Court · May 29, 1943 · 114 Mont. 488

URL: https://www.frixlaw.com/law-library/cases/3543270

## Case

- **Full name:** STATE Ex Rel. HOWARD, Relator, v. IRELAND, State Superintendent of Public Instruction, Respondent
- **Court:** Montana Supreme Court
- **Decided:** May 29, 1943
- **Citations:** 114 Mont. 488; 138 P.2d 569; 1943 Mont. LEXIS 37
- **Precedential status:** Published
- **Opinion:** Concurrence by Morris
- **Judges:** Anderson, Morris, Johnson, Erick, Son, Adair
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3543270

## Opinion text

Mr. Justice Morris :
1 concur in the result of the foregoing opinion with some reluctance. Public schools are established and maintained primarily for the benefit of the pupils and the evidence adduced at the hearing before the county superintendent clearly establishes the fact that Mr. Howard’s usefulness as a teacher in the Belfry schools has been effectually destroyed. The testimony by a pupil that ninety per cent, of the high school students desired his dismissal was not materially discredited.
But before a teacher may be discharged for cause, he must be advised of the charges he will have to answer, reasonable notice of the time and place where a hearing will be had and likewise reasonable time in which to prepare his defense. If these things are done and good cause is shown at the hearing justifying such action by the board, the teacher may be discharged irrespective of the time his contract has to run. The case of
Kellison
v.
School Board,
20 Mont. 153 , 50 Pac. 421 , is directly in point here and is grounded on sound reasoning.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3543270. Public record. Not legal advice.