Effingham v. Hamilton
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. C. H. Campbell, Judge. By an act of tbe legislature approved February 22, 1890, entitled “ an act to provide for tbe adoption of a uniform series of textbooks by tbe counties of tbis state for use in public schools,” provision was made for the appointment of a committee in each county, to consist of five teachers of l’ecognized ability, to select a uniform series of text-books.
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From the circuit court of Holmes county. Hon. C. H. Campbell, Judge. By an act of tbe legislature approved February 22, 1890, entitled “ an act to provide for tbe adoption of a uniform series of textbooks by tbe counties of tbis state for use in public schools,” provision was made for the appointment of a committee in each county, to consist of five teachers of l’ecognized ability, to select a uniform series of text-books. It was made the duty of this committee to' communicate with leading firms of school-book publishers and obtain sample copies of text-books, and price lists for exchange,…
1Opinion of the CourtCampbell, J.
Upon the facts stated in the petition before us, and which upon demurrer must be taken as true, the right of the petitioners to have *526a contract made with them by the defendant, and to have their books selected by the committee on the 6th of October taught in the public schools of Holmes county, is indisputable. The refusal of the defendant to contract with them, as required by law, was wholly indefensible. He had no discretion about it. His plain duty was to proceed to contract, in pursuance of the action of the committee, and then “ to see that only the adopted text-books are used” in the…
2Cases cited1 opinion
- State ex rel. Phelan v. Board of EducationWisconsin Supreme Court · 1869
3Cited by14 opinions
- United States Ex Rel. Greathouse v. DernSupreme Court of the United States · 1933
- Leeper v. StateTennessee Supreme Court · 1899
- Harris v. StateTennessee Supreme Court · 1896
- Mootz v. BelyeaNorth Dakota Supreme Court · 1931
- State ex rel. W. H. Wheeler & Co. v. ShawkeyWest Virginia Supreme Court · 1917
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