Legal Research on Attachment to Letter from Robert McConnell

    822 Al& 190 SOUTHERN REPORTEB

Its actlons.

authorizet notice to other than the ovmei

of the mortgage at date of such sale' Thc

bitl stroutd, 6ylufficient averments' disclor
tlat no notict was given to any of the pa!-

ties named in the statute.

The demurrers pointed out these defeco

in the bill, and should have been sustained

on these grounds'

Reversed aud remanded.

GARDNER, C. J., and FOSTER r:d
LIVINGSTON, JJ" concur'

BOARD OF EDUCATION OF MABSHALL

OOUNTY v. BAUGH et eL

8 Dlv' 7A

SuPreme Court of Alabama"

Jao 16' 1941'

l. Schoolo and lohool dlatrlctl €2141(O - -

The Teacher Tenure Act was lDtende'

to secule to the teaeher a contlnulng servld

for the suceecdtng year unless glven wrltto-

notlce to the cantrary unAer tne directlon-of

ln".oroty board not later than the flrst dr'

;-M;;. Ghn.Acts 1e3e, p. ?61, ! 10'

BOARD OI. EDI

8. Sohoolr and rohool dhtr
Wherc reaolutlon atter

to superlntendent poper to
ment of teacher.B waa vo
eould not thereafter ratlfy
intendent ln glvlng notlce
certaln teachers, Gen Aetr

7. Schoolr rltd rohool dlttr]
fire purpose of the Te

was to lneure teaehers Eon
curlty ln thelr lmportant r

them at least to a measut
the vlclssltudes of polltlcs o

likes of those charged wltl
tion of echool aEalr& Gen.
I 10.

8. Schoolr and rohool dlrtrl
The Teacher Tenure A

erally construed ln favor
who constltute the class d
mary beneflelarles of the ac
p. ?01, ! 1o.

9. Schoolr snd rohool dhtrl
lte eounty bosrd of

"employlng board" wtthtn I

ure Act and lf the teacher
talued for another year I
rlght to erp€ct thet sucb
mlned upon the Judgment of
as erpressed ln lts rrrttter
at a, meetlng where the boar
and not as lndlvlduals. (
?01, ! 10.

See Wordc and Phraa
Edition, for alt ottrer
"Elmploying Board".

t0. &hoolr and gchool dlrtr
A "meetlng" of tbe eou

ucatloD presupposes eon8ultl
tlon by a deltberattve bo{
best lnterest ol ttre echool
regard llkewlse for Justlct
tle teaehers. Gen.Acts 19&

See Worde aad Phrasr
Edition, for alt other
"Moetiug".

ll. Schooh and tchoot dlltr
Superlntendent givlng

that servlces wlll not be des
hB year ls actlng ag the voi
toard of educatlon and not
teaeher recelvlng sueh notlc
lrssume that preeedlnS lts lss
board has duly eonsldered
the Eatter. Gen.Aets l&1e,

chagcr at tax sale are inept' A court of
.quity 

"ion" 
has jurisdiction to render com-

plitc- and adequatc relief'

16.71 Possession on the part o-f c.om-

otr'i-,i"ni is noi .tt.ntial to relief' Indeed'

ii.'rri"t "t.i 
from the State, holding under

. ,"lid tax sale is entitled to possessron' nas

; ;il; Li p*t.ttion superior to that of the

;;;;;;: until he haj exercised his right

"i i&.1nriion. The outlays for redemp'

tion become a part of the mortgage-debt to

be collected on foreclosure Proceedlngs' lr
;;";*ty. Red Mountain Mining 9o: -*
i"f.tt"ti-C"unty Savings Bank' 113 Ala'
'ob, zt So. 74,50 Rm.St.neP. l5l'

I8'l A bill of this kind is unlike one to

r.i.i- 
"na 

cancel a tax deed as a cloud on

;iti;;";;;" of invaliditv of the tax sa-lq

;:';. w;;n Y. Baker ei at', ZZt Ata' 652'

154 So. 788, and cases there clted' . seet

"Lo, 
er"U"tia Mineral Land Co' v' McFry'

;;;;; H;taer v. First Nat' Bank of 
-Rus-

;;fi;iri.,-h, Ata.307,185 So' 7r7; oPl,.
ffi';i'eiiotn.Y General, VoL 14' P' &l'

Id. p. 215.

tgl The bill in this cause as ameJr^d^+

aisc-lises that the tax sale was made in 1933'

;il'il;;as purchased bY the State;. that

in lune, 1940, respondent purchatgtt^^tl,u

lanis from the State for the sum ot $z/J'

"ia 
i."Li".a a deed conveying the-tax title;

ii"t co.ptainant is the owner of a mort-

;;;.:;;il.J bv R. B. BaileY and wife' in

i{ir"t, 1925 for $1,650 which mortgage rS

.rill ; force and unPaid; that the mort-

!tg.a, not his .personal 
rePresentat-lves'

have ever been grven written notice of the
',J,'tJr"-lr,he State, or any of.its officers'

nor bv thl respondent, as purchaser trom

the Siate; that in July, 1940, comllarnant

:::'*"mt::'", il; fi :lil'dj'6"'" !:';ixi
},Jn;;:';sum suffiiient to redeem' which

*"tlif"t.a The money is brought into

court. But the bill nowhere avers that tne

".'J.,g"g-. 
;". of record at the time oJ the

;;?t;.- This is one of the essential ele'

;;;;i the right of redemPtion here as-

serted.

t' -.:;i;:

t'; :

Fr

- - writi"o notlce ot the termination -ot
teacher'8 employment lnvolves a delicate e!'

.r.i." "r a'wlse dlscretlon by the cou!tr

board whlch c$uld not delegate the Botter F

tbe county .op"rtnt"nalnTli "aot"uoo 
d

;;;;;; et.e. der-ects 1e3e, P' ?61' $ 1o' ;

" "f#*.fi1J"IT1.' :'l' LT:"5::t']ryi
tnroffi t[H".H,':: ;'"#ffi;'i;" X

+ Schools and tchoot dletrlcts €=l4l(5)
Where resolutlon purportlng to autb

6. Prlnclpel and agent G=lo(2)
Wueie an act done tn behalf- of

wttuout autnorrtY rs Ir,f;X";fI"r".:
llc poltcY declared to be

."t'f. "it 
subject to ratlflcatlou'

I



6. Schoolg and rohool dlatrlota C=l4l(5)
Where resolutlon attemptlng to delegate

to superlntendent power to terminate employ'
ment of teachers was vold, county board
eould not thereafter ratlfy aetlon of super'
lntendeDt ln givlng notlee of termlnatlon to
certaln teachers. Gen.Aets 1939, p. 761' ! 10.

7. Echoolr and *hool dlstrlcte €=133
fire purpose of the Teaeher Tenure Aet

was to lnsure teaehers Some measure of se'

curlty ln their lmportant work and to free
them at least to a measurable ertent from
the vieissitudes of politles or the likes or dls'
likee of those charged wltb the administra'
tlon ol school affalrs. Glen.Aets 1939, p. 761,

| 10.

8. Echools and rchool dlstrlctc @133
The Teaeher Tenure Act should be lib

erally eonstrued ln favor of the teachers
sho eonstitute the class deslgnated as pri'
mary beneffclarles o! the act. Gen.Acts 1939'

p. 701, ! 10.

e. Schools and achool dlstrlcts €l4l(5)
The county board of education ls the

"employing board" withtn the Teacher Ten-
ure Act and if the teacher ls not to be re'
talned for another year such teaeher has

rtght to expect that sucb matter be deter-
mlned upon the Judgment of the eounty board
as erpressed in lts wrltten memorials and

at a meetlng where tle board acts as a board
and not as lndividuals. Gen.Aets 1939, p
76r, ! 10.

See Words antl Phrasee, Permanent
Edition, for all other defiuitious ol
"Employing Boartl".

t0. Echools and gchool dlstrlcts @=l4l(5)

* A "meetlng" of the eounty board of ed'
ucatlon presupposes consultatlon and dlseus-
stou by a deliberatlve body looklng to the
best lnterest of the sehool system wlth due
regard likewise for Justlce and fairness to
the teaehers. Gen.Aets 1939, p. 761, $ 10.

See Worde and Phrases, Permanent
Edition, for all other definitioue of
"Meetiug'1

ll. Schoolg 8nd school dlslrlcts Fl4l(5)
{z Superintendent giving teachers notlee
that services will not be desired for succeed-

lng year ls acting aE the volce of t}e county
board ol edueation and not otherwise and a

teacher reeelvlng such notlce has a riSht to
assume that precedin8 lts lssuaDce the county
board has duly consldered and acted upon
the natter. Gen.Aets 19_39, p. 761, 0 10.

Ala. 823

l2.8chooh and rchool dlstrlctc @=l4l(5)
lltat Dotle glven by superlntendent of

termlnatlon of servlees of teacher referred
to a recommendatlon of the locat board of
trustees adaled nothlng to tbe legallty of the
notlee glven by superlntendent as result of
unauthorlzed delegatldn of power by county
board of edueatlon. Gen.Acts 1039, p. 761, I
10.

13. Pleadlng €=34(4)
The rule that pleadtngB must be eon-

strued most Etrongly agalnst the pleader doeg
not requlre that a strained or unnatural ln-
terTretadoo be plaeed upon the language
used.

14. Schools rnd school dlstrlctc @l4l(6)
Blll by teaehers dlscharged not ln ae.

eordanct wltb the Teacher Tenure Aet for
speclflc performanee of employment eontraeta
sufficiently dlsclosed that actlon of eouDty
board ln the Eatter was embra@d [n pro-
ceedings Bet out and Dot otherwirs€. Glm.
Acts 1939, p. 761, ! 10.

15. Egulty @147
No universal rule In regard to 'tnultl-

fariousness" covers all posslble eases, but
the objection lg addressed largely to the
discretion of the court and every cese must
ln a measure be governed by what ls eonve-

nlent and equitable under lts own pecullar
faets subject to recognized principles of equl-
ty Jurlsprudenee.

See Words and Phrases, Permanent
Ddition, for all othor defnitionr ol

. "Multifariousness".

!6. Egulty @54, 147

It ls proper to exerclse the dlseretlon ln-
volved ln passlng oD obJectlon that a blll
ls multlfarious Bo aa to dlseourage future
lltlgatlon aDd preyent multlpliclty of sulte
and never Bo as to do plaln vlolenee to the
marlm that courts of equity delight to do

Justicre and not by halves.

17. Equlty @149
Bill flled by teaehers discharged con-

trary to the Teacher Tenure Act for speclflc
performoDce of employmeDt contracts was
not subject to objection of "multifarious-
ness", sinc€ complainants all belonged to a
glven class and the rights of eaeh were de-
pendent upon single lssue of law and facL
Gen.Aets 1939,a, ?61, ! 10.

18. 8chools and cchoo! dlstrlote 6l4l(6)
The Teacher Teuure Act lntended that

teaehers generally sltuated mtght malDtalD
one Bult for speelflc performanee of employ-

BOARD OF EDUCATION OF IfARSIIALL COITNTY Y. BAUGH
l0O 8o. tit

r- th"T thc orvner
,t such sale. Tb.
verments, dicclot
ro any of thc pg,.

out these defecir
ve been sustaincd

L

rd

ur.

P

FOSTER raO

!OF MARS}IALL
GH ct d.
t

Alabama.
)41.

'lctr G>l4l(5)
Aet was lntendet
eontlnulng servlc(
rlees glven wrlttel
er the direetloD o,
than the flrst d8,

r. 761, I 10.

rlctt @l4l(5)
re terminatlon ot
lves a delicate er.
on by the countlr
rgate the matte! to
t of educatioD d
39, p. ?61, $ 10.

,1lsts e{$($)
edueation spealr

itten memorials ol

rlcts Fl4l(5)
orting to authorlro
nate employment
lution was a auill-
0 10.

ro4(2)
bebalf of anotler

)Bltlve law or Pul>
egal and vold, sucD

ieatloD. ';

t
I
I
,
I
,0

I,
I

J

?

t

t

rf
ji



Aooeal from Circuit Court, I\'Iarshall

Couniy; A. E' Harvkins, Judge'

Bill in equity by Grady Baugh and othets

asainst the Board of Educatton ot ltarsn-
;il a;;;: for spqcgc Pcrformance of em-

:i;#il';;"Jt'-Jna"' Gen'Acts le3e P'

i34 d-s. rt"m a dccree overruling a demur-

..t't" tt" bill, respondent appeals'

Affirmcd.

Street & Orr, of Guntersville, for appel-

lant.
Richard T. Rives, of Montgomery' and

M;;i;F-. iusk, of Guntersville, for appel-

lees.

GARDNER, Chief Justice'
Complainants, twelve in nttmber' were

'.i;l;;i;-;; teachers in various schools of
ii"ttri"rf County during the scholastic.year

1939-40. They file this bill on behalt ot

,t J.J"t and other teachers similarly

;i,r;,"d, seeking specific p-erformance. of

tf,ai ..pfoymenl contracts for the scholas-

;i;';;ii-i 1940-41, a remedv specificallv

;;Jtd.d in *t "t is known as the Teacher

i"rrt.-A.i. General Acts, Regular and

iil; i.ttio" 1939 Page 759' Section 8'

The bill'discloses that on April 1' 1940.' the

c";;;; Board of Education undertook or

^-".*i,"a 
to authorize the County Superin-

;;;;;a of Edu."tion to notify teachers

*.".i"iry in writing. if their services were

il';;JtJ for thi succeeding Year' the'

;i;t;;; of such meeting aPPearing on the

records of the Board in the followlng worcs

and figures:

"A motion was made by Mr' Childre.ss

and seconded by Mr' Green authorrztng tne

3ri.-t-iilia.ni of Education to notifv

;.;';;;; il writing before the close .of
;;;;;i-tf their services are not desir-ed for
ii. *ttiri y."t. Said written notification

ing language:
ttDear Teacher:

"In harmony with recommendation re'

..i*i ito. thc local board of trustees of

ii" Si.t school in District No' 61, and'-in

"".rf"".. 
with Scction l0 of Act No''199'

7i.i.tt.t Tenure Law), enactcd by the last

i.srio, of the Legislature of Alabama and

aoproved September 21, 1939, it is now my

duiv and responsibility to notify you rn wrrt-

i""'ot tt,. termination of your employment

bithe Marshall County Board of Educatron'

irrir-,.tt i""iitn is simuttaneous with the

expiration of your contract {or the scholas-

tic year of 1939-40.

"Very trulY Yours,
"W. H. Black
"W. ffrgft Black, SuPerintendent''

Coming first to a consideration of the

o,rJrtion-*tich involves the merits of .thts
lr*,^ii'rt i.laiiv ou..t""a that complain-

ants; rights are rested upon a noncomPlP

il;",';";'il;-p"J oi the CountY Board'

*iirr' trt" p.o.,i.ion, of Section 1.0 "f .ll:
ia"aft.t- T"nr.. Act' stlpra, which sectton

,-J, as follows: "section t0: . all
t"'iJ.t-in iire pubtic schools' whether tn

;::#x''?":ilftTJ*i:: ",;"*'J,::i'l#

#tt[',,i:,dusJI'lH,*flI
;j;;,"{i;"'#::'rTm*,--,ffi 

iljil-?Hthan the first daY of
iiil'oi-tr.t empioyment,-and such t:'"I:I
,'i"ir-t" presumed- to have accepted sucr

#;i.;;;i;;i;.; r" nr she shall nottrY

,i.'.,i,pi"yi'g board 
r";t "":tl::: 

;il."t$
ing to the contrarY (

day of June."

,n:'"r", *"'J ;',:ilff ::* J};: 

"J:n:'[:#

BOARD OF EDUI

er a continuing service for
year, unless notified to th
suant to Section l0 of tht
this writterr notice to the c
given under the direction
Board not later than the fi

l2l It is the County I
determine this important
one else, and the action o
this respect involves a dcli,
2 wise discretion. This, tl
duty, the exercise of whi
Board could not delegath
Superintendent of Educati
else. 46 C.J. 1033; Perkinr
Reed, 14 Ala. 536.

[3,4] The County Boar
speaks through its recor
memorials of its actions.
cation v. Watts, 19 Ala.Apl
499, and Ex parte Watts; 2

So. 502. The resolution not
no teacher and . appears u!
leave the matter in the hand
Superintendent of Educatior
ed the action in that regarr
,t6 c.J. 1033.

But the County Board a
theory all of this constitu
larity only, was of consequ
ratification (citing 15 C.J.
J.S., Counties, $$ 90, 194;
cation v. Watts, supra; Ryar
50 okl. 343, 150 P. t1o6
1047; Montgomery County
Ala. 391, 394, 57 So. 823)
notice given by the Sup
Education to the various r

was in fact ratified and co
Board, as shown by its min
lowing language: "A mo1
by Mr. Childress and sec

Jackson approving release
Phine Giers, Mr. J. L. Cl
Wattqrs, and others show
Iist, said releases being in
thorization of Board of E
under Item #5 of minutes
l%0. The motion carried-

"Others as follows:"
Here follows a list of tea

unnecessary to set out.
We have shown, however

ter of having notice give:
that their .services would
for the succeeding year, r
volving the exercise of a
nondelegable, and the attem

r0B so.-5211

199 SOUTIIERN REPORTERgzL Ala-

EeBt contrncta where thelr rlShts were de'

pendent upon a common qtrestlon of law and

iu.t, 
"na 

irrat tn sut:h cnses Equity Rule 31

should not apply, slnce sueh blll bears some

anutogy to a sult try a creditor for himselt

nntt ati other crerlitors slmllorly sltulted who

<'hoose to come in antl share in the expense

oi litlgttlon. Gen.Acts 1039, p' 701' $ 10'

19. EqultY @149
Sirit Uy teachers rvrongfully dlseharged

rvas not subJect to obiection of "multlfarlous'
ness,' bec{ruse of referenee in bill to other

teachers who had not jotned ln the suiL

to be signed by the Superintendent as above

authoriled in behalf of the County Board

of Education and to comply with Section l0
of Act # 499 of. the Teacher Tenure Law'

Approved : 4'29'40

"V. W. Dickson, Chairman of Board

"W. H. Black, SecretarY of Board"'

And on April 8th, 1940, there was served

on each of iomplainants and other named

teachers not parties to this suit (in all about

fortv in nttmber), a notice, substantially

^iit" ana identical in effect, signed by the

Superintendent of Education, in the follow-

.,!



rn, Chairman of Borri
, Secretary of Boanp,
h, 1940, there was
rinants and other

I

rith_ recommendation 11, 1!

cr a continuing service for the succeeding

vear, unless notified to the contrary pur-
suant to Section l0 of the Act; and that
this written notice to the contrary must be
given under the direction of the County
board not later than the first day of May.

tZ) It is the County Board that must
determine this important matter, and no
one else, and the action of the Board in
this respect involves a dclicate exercise of
x wise discretion. This, therefore, was a

duty, the excrcise of which, the County
Board could not delegatb to the County
Superintendcnt of Education or any one

else. 46 C.J. 1033; Perkins & Hopkins v.
Reed, 14 Ala. 536.

[3,4] The Corrnty Board of Education
speaks through its records or written
rnemorials of its actions. Board of Edu-
cation v. 'Watts, 19 Ala.App. 7,95 So. 498,
499, and Ex parte Watts; 209 Ala. ll5, 95
So. 502. The resolution noted above names

no teacher and . appears upon its face to
leave the matter in the hands of the County
Superintendent of Education. So interpret-
ed the action in that regard was a nullity.
46 c.J. 1033.

But the County Board argues upon the
theory all of this constituted an irregu-
larity only, was of consequence srrbject to
ratification (citing 15 C.J. 465,554;20 C.

J.S., Counties, $S 90, 194; Board of Edu-
cation v. Watts, supra; Ryan v. Humphries,
50 okl. 343, 150 P. 1106, L.R.A.1915F,
1047; Montgomery County v. Pruett, 175

Ala. 391, 394, 57 So. 823), and that the
notice given by the Superintendent of
Education to the various named teachers
was in fact ratified and confirmed by the
Board, as shown by its minutes in the fol-
lowing language: "A motion was made
by Ir{r. Childress and seconded by Mr.
Jackson approving release of Mr. Del-
phine Giers, Mr. J. L. Clay, Mr. R. L.
Watters, and others shown on attached
list, said releases being in line with au-
thorization of Board of Education found
under Itcm #5 of minutes dated April 1,

1940. The motion carried.
"Others as follows:"
Here follows a list of teachers by name,

unnecessary to set out.
We have shown, however, that this mat-

ter of having notice given the teachers
that their .services would not be desired
{or the succeeding year, was a duty in-

ing the exercise of a discretion and
able, and the attempted delegation

82i

of the exercise of such duty to the C,oun-

. ty Superintendent was illegal and a nulli-
ty.

t5-71 The authorities are to the effect
that an act done in behalf of another with-
out authority is by positive law or public
policy declared to be illegal and void. Such
act is not subject to ratification. 2 C.J.S.,
Agency, $ 37, p. 1075. This principle was
given recognition by this Court in the early
case of Perkins & Hopkins v. Reed, 14
Ala. 536, which authority is cited in
Schloss v. Hewlett, 81 Ala. 266, I 5o.263;
I\{atthews, Finley & Co. v. Sands & Co.,
D Ala. 136; Martin v. Dollar, 32 Ala.
422; and McKenzie v. Clanton, 33 Ala. 528.
And we are persuaded a contrary conclu-
sion would run counter to the legislative
intent in passing the Teacher Tenure Act.
The very laudable purpose of this Act was
to insure to the teachers some measure of
security in their important work and to free
them, at least to a measurable extent from
thc "vicissitudes of politics" or the likes or
dislikes of those charged with the adminis-
tration of school affairs.

t8l Such being the manifest purpose
of the Act it should be liberally construed
in favor of the teachers, who constitute the
class designated to be its primary bene-
ficiaries. Andrews v. Union Parish School
Board, La.App., 184 So. 574; State ex rel.
Bass v. Vernon Parish School Board, La.
App., 194 So. 74; State ex rel. Kenning-
ton v. Red River Parish School Board,
La.App., 193 5o.225.

tgl So considered we think it clear
enough there was no legislative intent that
an unauthorized and illegal notice of this
character should become the subject of
rati6cation by the County Board. True, as
argued, the Superintendent of Education
for the County is a most important official
and indispensable in the proper adminis-
tration of school affairs. And his voice
with the County Board no doubt carries
great weight, and perhaps justly so. But
the "employing board" is the County Board
of Education and if the teacher is not to
be retained for another year such teacher
has the right to expect that such matter be
determined upon the judgment of the Coun-
ty Board, as expressed in its u'ritten me-
morials and at a meeting where the board
acts as a board and not as individuals.
Board of Education v. Watts, supra.

[10] Such a meeting presupposes con-
sultation 8ud discussion-a deliberative

BOARD OF EDUCATION OF ]IARSHALL COUNTY v. BAUGE AIa.
100 8o. tll

Superintendent er
rlf of the County

r."iTl:ilJ't.;.;S
0

rility to notify you in rrir
ation of your emplolmc4 

.

cunty Board of &tucatin ,
is simultaneous with tt:
r contract for the schol* -.

0.

yours,
:k
Black, SuperintendenP.,
o a consideration of til
rvolves the merits of thii
,r observed that comphio.
rested upon a nonconryll. :

rt of the County Boad
tns of Section l0 of thc ::

Act, supra, u'hich sectio
rs: "Section l0: futt
rublic schools, whether h
:e status or not, shall bt,
ryed for the succeedi{ .

'le same salary, unless 6t'l:1
of education shall cerld

J to be given said

e last daY of the term
vhich the teacher is co'
[, however, that in no cltc

ocal board of trusteer-it
r District No. 61, and, h
iection 10 of Act No.agg,
Law), enacted by thc lrf
gislature o^f ahbane ui 5r,.21, 1939, it is now ry 

'.!

be given the teacher btcf i
,y oi M"y of the,termirr'r,
,'lormerrt,- at d such teachel'
ed- to have accePted mA
; i; oi she sh;u nodf :
oard of education in ilrr-;;;; * u"to'" *' {fr
lr enough this Provisioo
nded to secure to the lct

199 SO.-5211



926 Ar& 1OO SOUTHEiX{ REPORTER

body looking to the best interest of the
school system with due regarJ likewise for
justice and fairness to the teachers.

tll] The Supcrintendent in giving the
teachers notice that his or services will not
be desired for the succeeding year is only
acting in that capacity as the voice of the
Board and not otherwise, and a teacher re-
ceiving such notice has a right to assume

that preceding its issuance the deliberative
body, the County Board, has dulY con-
sidered and acted uPon the matter.

There is nothing in the Act indicating
any circuitous action in this regard, such
as-first a notice by the Superintendent sub-
sequently ratified by the Board. Any such
construction would tend to thwart the very
purpose of the act, just and fair treatment
io the teachers looking to a measure of se-

curity in his or her work.

tlz) The notice given by the Superin-
tendent in the instant case makes reference
to a recommendation of the local board of
trustees, a matter not alluded to by the
County Board in any of its motions or
resolutions. But such reference adds

nothing to the legality of the notice. True
it may tend to show good faith. But the
bill nowhere charges bad faith or repre-
hensible conduct on the part of any one
connected with the discontinuance of the
services of so large a number of teachers.

The sole matter here presented concerns

the legality of the proceedings by which
these teachers were deprived of continuing
service. But we forego further discussion.
We arc persuaded it was never the legisla-
tive intent that the County Superintendent
of Education be permitted to give these

notices with subsequent ratification by the
County Board and that any such inte-r-
pretation would tend to constitute the
-Board a merc stamping machine rather
than a deliberative body, each acting in
conjunction with the other and reaching a
contlusion after duc consultation and de-

liberation. The proceedings were wholly
invalid.

[13, f4] Defendant further insists that
consttuing the pleadings most strongly
against the pleader, as the rule requires,
the bill fails to show that other records of
the County Board did not contain the
narnes of teachers to whom the notice was

to issue. In the 6rst place we are unable

to find any specific ground of demurrer
taking the point. But this aside, we have

repeatedly stated thc rule of construction

of pleadings does not require thr1
strained or unnatural interpretation
placed upon the language used. Eastir

WIIOLESAIJ

so similarly situated may mi
for specific performance. \
to the view Equity Rule
XVII), is inapplicaLte here
,bill-_bears some analogly t(
creditor who sues for himsel
creditors similarly situated
come in and share in the eIitigation. 15 C.J. t4t3; Zt
ors'Suits, $ 56.

. .ttSl Though we find nc
thrs particular aspect of thr
conclude the reference to (
who have not joined in the
Jectionable. These other teacl
concluded a good defense as
available or that otherwise tl
tton would prove fruitless. l
may be, the offer made in the
to-join in the litigation does nortt multifarious, for reason:
cussed.

We have here considered
matters argued by counsel :
rne dec-ree overrul:::g the den
otu rs- free from error and is <tirmed.

lt is so ordered.
Affirmed.

,"t$,1!"'lT;"[] s rr& 
"na

al. v. Beasley et al., 214 Ala.65l, 108

763. So construing the averments of
bill we think it sufficiently discloses
the action of the County Board upon thr
matter here iirvolved is embraced in whrt
is set out therein and not otherwise,
any other construction would be strai
and unwarranted.

often stated no universal rule in regard o $1.*
multifariousness is admitted to bc cr. :+-:

[15, 16] Still another insistence by d] ?.q
fendant is that the bill is multifariour Ar :*.gj

tablished as to cover all possible cases. Th A
objection is largely a matter of discretiq .;r-',
and every case must, in a measurq b! ja;
governed by what is convenient rd ,'.t'
Equit"Ut. unier its own peculiar facts, mb 6p;
ject to recognized principles of equtty J!' - :'
iisprudence. It is, therefore, always propc?

as to discourage future litigation and prc'

vent multiPlicity of suits and never !x' I ,. t

to do plain violence to ifr. *oit r"ootlt - 
' 
l ':

oi .quity'delight to do justice, and not blr

halvis' ;'. City of Marion v. Underwoo4

231 Ala.22,5, 164 So. 296.

tl?] Viewed from a Practical sten&

point ih.t. apPears to be no obstacle io dr
procedure h"r" por.,r.i. 

--Comptaina"l^* 
o.'

L"long to a given ctass-all teachers .g +:-i

ins ifi.- "a"int"g. 
of an Act -p*t{ f :j

thiir benefit and the rights of eactt !'1f,nelr u€IrcuL dllu lrrE I rErrlr v' -- , -!-:v5

pendent upon a single issue of 1.".' .Il :I -

iact as ."ah *"t gir.n " notice ideottGtt ,'-',

in effect and upon ,h; UJttY-of wHd :1;

hinges the rights of all. .-'"';il
Urrder the Prevailing rule of our -: ":;'

",,Y,X1'1, 

ttli'.'"',il"t1,"1f, 
. ti'o## 4 i'

;;;;"; we are inclined to the view thf, ffi
i.i ir'" of multifariousness would bc

out merit.

t18l But other considerationt.:.11t-:
to'this particular character of littgat

y,i{iii,'.i'i:{;;$*i3q*iffi

W.HoLESALE PRoDUcE I T]
ASS'1{ OF ALABAilA, lno, v.

6 Dtv. 73t.

Eupre-e Court of Alabar
Jan. 28, 1g4L

ffi,Jj:" \il: ,:"T:1J:i'j'" ii"i 't'"'tt
Xff ff ".Ti,Tl',i'. il,'i" 

"Jlil-rlffi
il;i;'ffii;;; il,il?"*Y ssl{
iao."tion.' And when the Act i!-.e

,iJ"r.a in its entirety we think' it $'r'-

iisirl*ir. intent that o'te" ttte^nghu

ADPer! and crnor €=1079

rr.1rt'"T1[,#HTf"x;:
*:L'."Hi':';',':'lflT1iiili,
Jl$*"ry to read cttattons as to

Siri?1.TrT#':i,ffi".irirr? Gl,rt"rr were dependent uPoo. I
i"" qr.tti"n of law and fact the tct Q apDeal ;#i#J#tory deerc