Legal Opinion

Tucker v. Blease

Supreme Court of South Carolina

Decided April 21, 1914No. 8801PublishedCited by 2 opinions

Petition for certiorari in the original jurisdiction. Application by G. W. Tucker for a writ of certiorari against Cole.-L. Blease and others, constituting the board of education in and for the State of South Carolina, to review the dismissal of Herbert Kirby and others from the Dalcho public school. The petition was as follows: “The petition of the undersigned, G. W. Tucker, respectfully shows to- the Court: I. That the Honorable Cole.

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Petition for certiorari in the original jurisdiction. Application by G. W. Tucker for a writ of certiorari against Cole.-L. Blease and others, constituting the board of education in and for the State of South Carolina, to review the dismissal of Herbert Kirby and others from the Dalcho public school. The petition was as follows: “The petition of the undersigned, G. W. Tucker, respectfully shows to- the Court: I. That the Honorable Cole. L. Blease, by virtue o-f his office, J. E. Swearingen, D. M. O’Driscoll, C. J. Ramage, D. W. Daniel, A. G. Rem-bert, Lueco- Gunter, D. T. Kinard and A. J.…

1Opinion of the Court

The opinion -of the Court was delivered by

Mr. Chief Justice Gary.

This is an application for a writ of certiorari for the purpose of determining by what authority the trustees summarily dismissed Herbert Kirby, Eugene Kirby, and Dudley Kirby from attending as pupils the Dalcho school, of Dillon county, for white children. . .

The facts out of which the controversy arose, and the action taken by the county board of education, will appear, from the following decision rendered 'by them: “On or about the 24th day of January, 1913, John D. Coleman, Lawrence E. Dew, and J. E. Williams., constituting…

2Cases cited5 opinions

  1. Plessy v. FergusonSupreme Court of the United States · 1896
  2. People, Ex Rel. King v. . GallagherNew York Court of Appeals · 1883
  3. Flood v. News and Courier Co.Supreme Court of South Carolina · 1905
  4. Ex parte PlessySupreme Court of Louisiana · 1893
  5. Smith v. ChamberlainSupreme Court of South Carolina · 1893

3Cited by2 opinions

  1. Johnson v. . Board of EducationSupreme Court of North Carolina · 1914
  2. Jelsma, Co. Treas. v. ButlerSupreme Court of Oklahoma · 1920

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