People, Ex Rel. King v. . Gallagher
New York Court of Appeals
Appeal from order of .the General Term of the City Court of Brooklyn, which affirmed an order of Special Term denying a motion for a writ of mandamus requiring defendant, as principal of public school Ho. 5, in the city of Brooklyn, to admit the relator to said school. The material facts are stated in the opinion. appellant. Defendant was the proper person against whom to ask for a mandamus.
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Appeal from order of .the General Term of the City Court of Brooklyn, which affirmed an order of Special Term denying a motion for a writ of mandamus requiring defendant, as principal of public school Ho. 5, in the city of Brooklyn, to admit the relator to said school. The material facts are stated in the opinion. appellant. Defendant was the proper person against whom to ask for a mandamus. (77 N. Y. 503-507; Morse on Banking, 137; People v. Throop, 12 Wend. 184; High’s Extraordinary Legal Remedies, 217, § 311.) The action of the committees of the board of education and the principal of the…
1Opinion of the Court
Ruger, Ch. J.
The relator applied to the court below at a Special Term of the City Court of Brooklyn for a writ of mandamus against the respondent, then the principal of public school FTo. 5 of that city, after a refusal, to compel him to admit her to the privileges of a pupil at such school, which application was denied. This appeal is brought from the affirmance of such decision by the General Term of that court.
The relator is a colored female about twelve years of age, residing in public school district No. 5, of the city of Brooklyn, and would be entitled to attend'that school but for the…
2Cases cited10 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Clark v. Board of DirectorsSupreme Court of Iowa · 1868
- Cory v. CarterIndiana Supreme Court · 1874
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3Cited by52 opinions
- Plessy v. FergusonSupreme Court of the United States · 1896
- Gong Lum v. RiceSupreme Court of the United States · 1927
- Ferguson v. GiesMichigan Supreme Court · 1890
- University of Maryland v. MurrayCourt of Appeals of Maryland · 1936
- Strange v. Board of CommissionersIndiana Supreme Court · 1910
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