Legal Opinion

State ex rel. Jefferson v. Board of Education

Supreme Court of New Jersey

Decided December 29, 1899PublishedCited by 9 opinions

On rule for a mandamus. The rule required the board of education of the city of Atlantic City to meet together and by resolution order, direct and instruct the teachers of the Indiana avenue school to receive into that school the son of the relator, who had been in attendance there prior to the establishment of a school nearer to relator’s place of residence.

1Per curiam

We think that this application is premature. The controversy arose under the School law of the state, to wit, under section 131. Gen. Stat., p. 3036. Section 28 of the School law provides that “in all controversies arising under the School law the opinion and advice of the county superintendent shall first be sought, and from him appeal may be made, if necessary, to the state superintendent of public instruction,” who, by the thirteenth. section, “shall decide subject to appeal to the state board of education, and without cost •to the parties, all controversies or disputes that may arise…

2Cases cited1 opinion

  1. State v. AlbertsonSupreme Court of New Jersey · 1891

3Cited by9 opinions

  1. Central RR Co. v. NeeldSupreme Court of New Jersey · 1958
  2. Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
  3. Waldor v. UntermannNew Jersey Superior Court Appellate Division · 1950
  4. Finlay v. City of BostonMassachusetts Supreme Judicial Court · 1907
  5. Redcay v. State Board of EducationSupreme Court of New Jersey · 1942

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