Legal Opinion

Burdick v. Babcock

Supreme Court of Iowa

Decided June 19, 1871PublishedCited by 15 opinions

Appeal from WmnesMelc District Oourt. These cases involve substantially tbe same facts. They are actions at law, and tbe pleadings in each set up tbe same causes of action and defense. Tbe defendant Babcock is tbe superintendent of tbe schools of tbe independent school district of Decorah ; tbe other defendants are tbe board of directors of that district.

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Appeal from WmnesMelc District Oourt. These cases involve substantially tbe same facts. They are actions at law, and tbe pleadings in each set up tbe same causes of action and defense. Tbe defendant Babcock is tbe superintendent of tbe schools of tbe independent school district of Decorah ; tbe other defendants are tbe board of directors of that district. Previous to tbe acts which are made the' foundation of plaintiffs actions, the defendants, in their official capacity as directors and teacher, adopted and promulgated, for the government of the schools under their charge, the following,…

1Opinion of the CourtBeck, J.

— The decision of these cases turns upon the power of the board of directors of the school district to establish and enforce the rules, especially rule 10, under which the plaintiffs were suspended from the school. The fact of plaintiffs’ disobedience of this rule is not denied: the simple question for us to determine is this: Has the board authority to prescribe, and through the teacher to enforce, the rule in question by the suspension of a pupil who disobeys it from the privileges of the school ?

The board of directors of each school district of the State are empowered to ££ select a person…

2Cases cited2 opinions

  1. Lander v. SeaverSupreme Court of Vermont · 1859
  2. Guernsey v. PitkinSupreme Court of Vermont · 1859

3Cited by15 opinions

  1. Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
  2. Bunger Ex Rel. Bunger v. Iowa High School Athletic Ass'nSupreme Court of Iowa · 1972
  3. Mahanoy Area School Dist. v. B. L.Supreme Court of the United States · 2021
  4. In re RebenackMissouri Court of Appeals · 1895
  5. Fertich v. MichenerIndiana Supreme Court · 1887

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