Legal Opinion

State ex rel. Dresser v. District Board of School District No. 1

Wisconsin Supreme Court

Decided May 8, 1908PublishedCited by 10 opinions

'Appeal from a judgment of tlie circuit court for Folk county: A. J. Vinje, Circuit Judge. This is an action of mandamos commenced by the relator against the District Board and G. J. Balcer, principal of the high school of St. Croix Falls, to compel the reinstatement •of two of relator’s children who had been suspended by the principal.

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'Appeal from a judgment of tlie circuit court for Folk county: A. J. Vinje, Circuit Judge. This is an action of mandamos commenced by the relator against the District Board and G. J. Balcer, principal of the high school of St. Croix Falls, to compel the reinstatement •of two of relator’s children who had been suspended by the principal. The petition, after the formal averments, states, in substance, that relator’s two minor children had been continuous in their attendance upon the high school up to and including October 1G, 1906, on which date they were suspended by the principal; that said…

1Opinion of the CourtBashKORD, J.

The procedure adopted in determining the issues presented by the pleadings in this action was informal and irregular and cannot be approved. The demurrer to the return raised an issue of law, which should first have been disposed of, and, if overruled, leave should have been given to the relator, if he so desired, to withdraw the same and amend his petition, or to interpose an answer if an issue of fact was to be jmesented. The court and the attorneys for the respective parties evidently treated the demurrer as an answer to the return, as a consent order was entered referring the only…

2Cases cited13 opinions

  1. Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
  2. Perkins v. Board of Directors of the Independent School DistrictSupreme Court of Iowa · 1881
  3. Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
  4. Dritt v. SnodgrassSupreme Court of Missouri · 1877
  5. Board of Education v. PurseSupreme Court of Georgia · 1897

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Interest of L. L. v. Circuit Court of Washington CountyCourt of Appeals of Wisconsin · 1979
  2. Baker v. Downey City Board of EducationDistrict Court, C.D. California · 1969
  3. Coggins Ex Rel. Coggins v. Board of EducationSupreme Court of North Carolina · 1944
  4. Madison Metropolitan School District v. Circuit CourtWisconsin Supreme Court · 2011
  5. State ex rel. Thompson v. Board of School DirectorsWisconsin Supreme Court · 1923

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