State ex rel. Stoutmeyer v. Duffy
Nevada Supreme Court
This was an original application to the Supreme Court on the relation of,David Stoutmeyer, a colored minor appearing by his father and natural guardian,' Nelson Stoutmeyer, for a mandamus requiring James Duffy, S. H. Wright and M. C. Gardner, the board of trustees of the public schools in school district No. 1, in Ormsby County, to admit him into the public schools of that district.
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This was an original application to the Supreme Court on the relation of,David Stoutmeyer, a colored minor appearing by his father and natural guardian,' Nelson Stoutmeyer, for a mandamus requiring James Duffy, S. H. Wright and M. C. Gardner, the board of trustees of the public schools in school district No. 1, in Ormsby County, to admit him into the public schools of that district. The petition set forth that David was seven years of age, a resident of the district, cleanly and neat in his habits, orderly in his deportment, tractable in his disposition, and ready cheerfully to obey and…
1Opinion of the Court
By Whitman, J. :
Relator asks a mandamus compelling defendants to admit him into the public school of which they are trustees.. They object that the remedy sought should not be granted, first: because they have not the power to admit, nor to deny admission; second: because the applicant is a negro.
The power to admit to the public schools is not in words conferred upon trustees in this state, but it is so inseparably connected with their specified powers, and so inevitably a conclusion therefrom, that no argument is needed to prove its necessary existence. Stats. 1864-5,413; 1867,89. The…
2Cases cited1 opinion
- People ex rel. Workman v. Board of EducationMichigan Supreme Court · 1869
3Cited by27 opinions
- Gong Lum v. RiceSupreme Court of the United States · 1927
- University of Maryland v. MurrayCourt of Appeals of Maryland · 1936
- Briggs v. ElliottDistrict Court, E.D. South Carolina · 1951
- Evans v. JobNevada Supreme Court · 1873
- Ex parte SpinneyNevada Supreme Court · 1875
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