Legal Opinion

Wilkerson v. City of Rome

Supreme Court of Georgia

Decided February 18, 1922No. 2569PublishedCited by 17 opinions

Mandamus. Before Judge Wright. Floyd superior court. March 24, 1921. The City of Borne, E. E. Lindsey as chairman of the Commission of the City of Borne, and E. E. Lindsey as a citizen of that city •filed a petition against , the individual members of the board of education of the city, reciting that it is the duty of the board of education, under the charter of the city, to supervise and control the public schools of the city in accordance with the provisions of the charter…

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Mandamus. Before Judge Wright. Floyd superior court. March 24, 1921. The City of Borne, E. E. Lindsey as chairman of the Commission of the City of Borne, and E. E. Lindsey as a citizen of that city •filed a petition against , the individual members of the board of education of the city, reciting that it is the duty of the board of education, under the charter of the city, to supervise and control the public schools of the city in accordance with the provisions of the charter and ordinances of the city, and to carry into effect all ordinances duly and regularly adopted by the Commission of the…

1Opinion of the CourtGilbert, J.

1. The portions of the constitution of this State now under consideration are all found in the “bill of rights,” article 1, section 1, paragraphs 12, 13, and 14. These paragraphs, declaring three distinct principles, may be referred to in their order as (1) freedom of religious conscience; (2) freedom of civil status; and (3) freedom from taxation for sectarian purposes. The precise question made in this case must not be overlooked. The reasons for the contention that the ordinance is violative of the above-mentioned paragraphs of the constitution are as follows: First, that the reading of…

2Cases cited14 opinions

  1. State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
  2. Pfeiffer v. Board of EducationMichigan Supreme Court · 1898
  3. Mattox v. Board of EducationSupreme Court of Georgia · 1918
  4. City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
  5. Donahoe v. RichardsSupreme Judicial Court of Maine · 1854

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3Cited by17 opinions

  1. Harfst v. HoegenSupreme Court of Missouri · 1942
  2. Thomas v. RagsdaleSupreme Court of Georgia · 1939
  3. Commonwealth v. RenfrewMassachusetts Supreme Judicial Court · 1955
  4. Engel v. VitaleNew York Supreme Court · 1959
  5. Kaplan v. Independent School District of VirginiaSupreme Court of Minnesota · 1927

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