Matter of Viemeister
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1903, which affirmed an order .of Special Term denying a motion for a peremptory writ of mandamus to compel the admission of the relator’s child to a public school in the borough of Queens, city of New York. The facts, so far as material, are stated in the opinion. Every child in this state has a constitutional right to an education.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1903, which affirmed an order .of Special Term denying a motion for a peremptory writ of mandamus to compel the admission of the relator’s child to a public school in the borough of Queens, city of New York. The facts, so far as material, are stated in the opinion. Every child in this state has a constitutional right to an education. (Const, of N. V. art. 9, § 1.) This right or privilege cannot be withheld nor made conditional, hampered nor embarrassed by the…
1Opinion of the CourtVann, J.
The relator moved for a writ of mandamus to compel the officers having control of a public school in the county of Queens to readmit his child, a lad ten years of age, to said school without requiring him to be vaccinated. It appeared from the moving papers that the boy had been in regular attendance at the school, and that the principal thereof, pursuant to the instructions of the board of education, had excluded him therefrom, because he refused to be vaccinated. It appeared from the papers read in opposition to the motion that when the relator’s son was excluded from the school there was a…
2Cases cited21 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Jones v. United StatesSupreme Court of the United States · 1890
- People v. . GillsonNew York Court of Appeals · 1888
- Blue v. BeachIndiana Supreme Court · 1900
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- People v. . Charles Schweinler PressNew York Court of Appeals · 1915
- Stettler v. O'HaraOregon Supreme Court · 1914
- Tenement House Department v. MoeschenNew York Court of Appeals · 1904
- Grossman v. BaumgartnerNew York Court of Appeals · 1966
- City of New Braunfels v. WaldschmidtTexas Supreme Court · 1918
78 more not listed; retrieve them via the Exa API.