Ryan v. Sawyer
Supreme Court of Alabama
Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Morvell Ryan sought a mandatory injunction against W. B. Sawyer and others as trustees of the school district, to require them to permit his children to remain in the school without the payment of an incidental fee for heating purposes. From a judgment sustaining demurrers to the petition he appeals.
1Opinion of the CourtGardner, J.
By this proceeding petitioner (appellant here), a pupil in the school of district No. 68 of Monroe county, seeks to test the validity of a requirement made by the trustees of said school district that she, or some one for her, pay an incidental fee of ten cents per month, to be used in providing fuel for said school, as a condition precedent to her receiving instruction in said school. From the judgment of the court below sustaining a demurrer to the petition, this appeal is prosecuted.(1) Counsel for appellant do not question that an incidental fee may be charged and assessed, if within…
2Cases cited5 opinions
- State ex rel. Priest v. Regents of the UniversityWisconsin Supreme Court · 1882
- Bryant v. WhisenantSupreme Court of Alabama · 1910
- Roberson v. OliverSupreme Court of Alabama · 1914
- Conklin v. School District No. 37Supreme Court of Kansas · 1879
- Williams v. SmithSupreme Court of Alabama · 1915
3Cited by4 opinions
- Bracely v. NobleSupreme Court of Alabama · 1917
- Hughes v. OutlawSupreme Court of Alabama · 1916
- Hughes v. Hartford Accident & Indemnity Co.Supreme Court of Alabama · 1931
- Kennedy v. County Board of EducationSupreme Court of Alabama · 1926