Legal Opinion

Lewis v. Board of Education

Supreme Court of New Jersey

Decided November 15, 1901PublishedCited by 5 opinions

On error to the Supreme Court. These two cases present the same question. They differ only in the names of the relators and the manner in which the litigation was begun.

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On error to the Supreme Court. These two cases present the same question. They differ only in the names of the relators and the manner in which the litigation was begun. The writ of error in the case first named brings up for review the judgment of the Supreme Court overruling the demurrer of the plaintiffs in error to the alternative writ of mandamus directing the board of education of Jersey City to appoint two of its members to a board of school estimate in Jersey City, in accordance with an act entitled “An act to establish a system of public instruction,” approved March 23d, 1900…

1Opinion of the Court

The opinion of the court was delivered by

Depue, Chief Justice.

The classification made by this legislation for the constitution and government of schools is contained in sections 45 and 46 of the act as amended. Section 45 provides that “In each city, incorporated town, borough, township or other municipality which now is or which shall be hereafter divided into wards, the mayor or other chief executive officer of such municipality shall, after the first day of May and before the thirtieth day of June next after the acceptance of the provisions of this section, as is hereinafter provided,…

2Cases cited1 opinion

  1. Wanser v. HoosSupreme Court of New Jersey · 1897

3Cited by5 opinions

  1. Riccio v. Mayor of HobokenSupreme Court of New Jersey · 1903
  2. Holloway v. DickinsonSupreme Court of New Jersey · 1903
  3. State ex rel. Woolley v. HendricksonSupreme Court of New Jersey · 1905
  4. State ex rel. Hagen v. AndersonNorth Dakota Supreme Court · 1911
  5. Riccio v. Mayor of HobokenSupreme Court of New Jersey · 1903

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