Dickinson v. Cunningham
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. Citas. A. Senn. The appellant filed a petition for a mandamus to compel the appellee to admit his son as a pupil in one of the public schools of Birmingham, and to accept the use of certain books.
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Appeal from the City Court of Birmingham. Heard before the Hon. Citas. A. Senn. The appellant filed a petition for a mandamus to compel the appellee to admit his son as a pupil in one of the public schools of Birmingham, and to accept the use of certain books. The object of the application is to test the validity of the act known as the “Uniform Test Book Law,” approved March 4th, 1903. — Acts, 1903, p. 167. The title to the act is in the following language, to-wit: “An Act, to create a Text Book Commission, and to procure for the use in the public free schools in this State a uniform series…
1Opinion of the CourtDowdell, J.
Tbe appellant’s first contention is that, undfur* tbe provisions of tbe act and the contract made with tbe American Book Company, tbe company has not tbe exclusive right to furnish the books .that were adopted by tbe Text Book Commission for use in tbe public free schools, and that under tbe law a patron of tbe public schools muy purchase tbe books for use by bis child in tbe public free school from any one who deals in such books so long as tbe books are by tbe same author and have tbe same subject matter, as those adopted by tbe commission. That under the law it is not an indispensable…
2Cases cited6 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- Mitchell v. State ex rel. Florence DispensarySupreme Court of Alabama · 1901
- Ex parte Mayor of BirminghamSupreme Court of Alabama · 1896
- State ex rel. Williams v. GriffinSupreme Court of Alabama · 1901
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