Robinson v. . Howard

Ruffin, J. If the plaintiff'seeks to- recover of the- parties whom, he styles,.“ school committee,” in their individual capacity, then his action will not lie; for-being public officers and- contracting with the plaintiff'as such, they are not-personally responsible; it being the law, that public officers are not liable on any contract they may make within the-line o-f their duty. If he seeks to recover of the “-school committee” in its,corporate capacity, then he-has-mistaken his remedy. The school committee- is not allowed-, by law, to have any of the school fund under its control. I.t could, not, if it would, pay the plaintiff out of the proper fund... Its duty *153 consists in giving the teacher an order on. the county treasurer for the sum due for his services. And should the-plaintiff get a judgment against the “ committee,”1 he would: be no nearer his money than now. His appropriate and only remedy is by means of mandamus, (Taylor v. Schoo l Committee, 5 Jones, 98) of which a justice of the peace has no jurisdiction. No error. Affirmed.