(Download) "Carl A. Gottschalck v. J. H. Shepperd" by Supreme Court of North Dakota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Carl A. Gottschalck v. J. H. Shepperd
- Author : Supreme Court of North Dakota
- Release Date : January 27, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an appeal from an order sustaining demurrers to the complaint. The complaint shows that at all times involved the defendant Shepperd was president of the State Agricultural College, and the remaining defendants members of the board of administration; that ever since June, 1919, the plaintiff was one of the professors in the college; that this appointment was permanent, subject to removal for cause; that the school was governed by a constitution adopted by the predecessors of the board of administration and ratified by this board; this constitution provided that before dismissal the professors were entitled to have the charges against them stated in writing and to be given a hearing; that ""the defendants arbitrarily and summarily dismissed the plaintiff without any just cause or reason and without making any investigation and without holding any hearing and without any knowledge of any facts which might be material to the exercise of any discretion and further that the said summary dismissal was arbitrarily malicious, illegal, and with the intent on the part of each of the defendants to damage, harm and injure the plaintiff and because of personal prejudice and in defiance and disregard of their official duties to ascertain any fact or facts upon which to base any judgment as to the facts;"" that it was the duty of the president to consult the deans of the various schools and directors or heads of the departments in the matter of a dismissal of a member of the faculty; that in violation of these provisions defendant Shepperd made false and malicious statements to the board of administration designed to injure and damage the plaintiff, and that by reason thereof he lost his position as professor without any charges being filed against him and without any opportunity to be heard; that as a result plaintiff was damaged in his good name and reputation and has been and will be unable to secure other employment. He asks for damages for this loss and for the loss of future earnings, etc.
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