People v. . Ekerold
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1914, affirming a judgment of the Court of General Sessions of the Peace in the county of New York which affirmed a judgment rendered at a Magistrate’s Court in the city of New York convicting the defendant of violating the provisions of the Education Law in not sending his son to school.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1914, affirming a judgment of the Court of General Sessions of the Peace in the county of New York which affirmed a judgment rendered at a Magistrate’s Court in the city of New York convicting the defendant of violating the provisions of the Education Law in not sending his son to school. The following question was certified: “When a father, who does not believe in vaccination, sends his child to school unvaccinated, but the school authorities refused to…
1Opinion of the CourtHiscock, J.
The defendant was duly convicted before a magistrate in the city of New York of violating the duty imposed on him as a parent by section 624 of the Education Law (Cons. Laws, ch. 16; Laws of 1910, chapter 140) to cause his son “to attend upon instruction,” in accordance with the provisions of section 621 of that chapter, and which violation is made a misdemeanor. His child was between the ages of seven and fourteen years, and, therefore, came within those provisions of said latter section which read as follows:
“1. Every child within the compulsory school ages, in proper physical and mental…
2Cases cited5 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Matter of ViemeisterNew York Court of Appeals · 1904
- Kurz v. . DoerrNew York Court of Appeals · 1904
- People v. . JohnstonNew York Court of Appeals · 1907
- People v. . MaggioreNew York Court of Appeals · 1907
3Cited by14 opinions
- McCartney v. AustinAppellate Division of the Supreme Court of the State of New York · 1969
- Maier v. BesserNew York Supreme Court · 1972
- In re ElwellNew York City Family Court · 1967
- People v. WolfNew York Court of Appeals · 1928
- Commonwealth v. GillenSuperior Court of Pennsylvania · 1916
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