Legal Opinion

People ex rel. Roman Catholic Orphan Asylum Society v. Board of Education

New York Supreme Court

Decided October 6, 1851PublishedCited by 17 opinions

This was an appeal by the defendants from an order made at a special term of the court, directing a peremptory mandamus to issue.

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This was an appeal by the defendants from an order made at a special term of the court, directing a peremptory mandamus to issue. The alternative writ recited that the relator, the Roman Catholic Orphan Asylum Society in the city of Brooklyn, had under its charge, and instructed in such manner as'was usual in common schools, an average number of 125 children, between the ages of 4 and 16 years of age, for and during the year 1847; that during that year, the Brooklyn Orphan Asylum Society, (being the only other orphan asylum society in said city,) had also under its charge, and instructed in…

1Opinion of the CourtBarculo, J.

I have no doubt of the propriety of affirming the .judgment rendered at the special term, except so far as it gives to the relators that portion of the school moneys which is received from the revenues of the common school fund. In that respect I consider the decision erroneous, for the following reasons.

The constitution, article 9, provides that the capital of the common school fund shall be inviolate; and the revenue thereof shall be applied to the support of common schools. The act of March 7,1848, (Laws of 1848, p. 85,) under which the relators claim, declares that “ the orphan asylum…

2Cited by17 opinions

  1. Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
  2. Gordon v. . CornesNew York Court of Appeals · 1872
  3. Knowlton v. BaumhoverSupreme Court of Iowa · 1918
  4. School District No. 20 v. BryanWashington Supreme Court · 1909
  5. Otken v. LamkinMississippi Supreme Court · 1879

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