Legal Opinion

Gilliland v. Board of Education.

Supreme Court of North Carolina

Decided May 22, 1906PublishedCited by 23 opinions

ActioN by Sylvia Gilliland and others, by tbeir next friend, against Board of Education of Buncombe County and School Committee of Avery’s Greek Township, heard, by Judge, T. A. McNeill and a jury, at the November Term, 1905, of the Superior Court of BuNcombe.

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ActioN by Sylvia Gilliland and others, by tbeir next friend, against Board of Education of Buncombe County and School Committee of Avery’s Greek Township, heard, by Judge, T. A. McNeill and a jury, at the November Term, 1905, of the Superior Court of BuNcombe. The plaintiffs, children within the school age, resident in Avery’s Creek Township, Buncombe County, on August 1, 1905, entered, as pupils, the school established in said township, in pursuance of law, for children of the white race. They attended the school for one week, when they were excluded therefrom by the defendants, who have…

1Opinion of the Court

Hoke, J.,

after stating the case: While the principle involved in this issue is one of supreme importance, not only to the parties litigant, but to the entire commonwealth, the questions as presented to us in the case on appeal are very much restricted in their scope and import, and are without serious difficulty.

The Constitution and statutes of North Carolina require that the children of the white race and the children of the colored race must be taught in separate public schools. In obedience to this requirement, the defendants have established separate public schools for the two races in…

2Cases cited3 opinions

  1. State v. Exum.Supreme Court of North Carolina · 1905
  2. Bryan v. WatsonSupreme Court of Georgia · 1856
  3. Nave's Adm'r v. WilliamsIndiana Supreme Court · 1864

3Cited by23 opinions

  1. State v. CameronSupreme Court of North Carolina · 1973
  2. Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
  3. Horne v. Consolidated Railway, Light & Power Co.Supreme Court of North Carolina · 1907
  4. Hill v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1923
  5. State v. . JessupSupreme Court of North Carolina · 1922

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