Legal Opinion

Otken v. Lamkin

Mississippi Supreme Court

Decided April 15, 1879PublishedCited by 16 opinions

ERROR to the Circuit Court of Pike County. Hon. J. B. Chrisman, Judge. The plaintiff in error, on the 10th of February,.1879, tiled a petition for a mandamus to compel the superintendent of education of Pike County to issue pay-certificates to two of the petitioner’s children for their pro rata shares of the common-school fund of the county.

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ERROR to the Circuit Court of Pike County. Hon. J. B. Chrisman, Judge. The plaintiff in error, on the 10th of February,.1879, tiled a petition for a mandamus to compel the superintendent of education of Pike County to issue pay-certificates to two of the petitioner’s children for their pro rata shares of the common-school fund of the county. The petition represented that the petitioner’s children, aged eight and ten years, had been attending “ Lea Female College,” an institution of learning located in said county, and conducted in accordance with the provisions of an act of the Legislature,…

1Opinion of the CourtChalmeks, J.

The system of public education established and ordained by art. 8 of our Constitution contemplates the creation and maintenance of “ a uniform system of free public schools,” superintended and controlled by State officials. They are to be supported out of the common-school fund established by sects. 6 and 7 of the article in question; and if this fund be-insufficient, it must be supplemented by the direct taxation authorized and contemplated by sect. 10. At least one school must be maintained in each school district for four months in the year; and if any district fails to do this, it…

2Cases cited4 opinions

  1. Gordon v. . CornesNew York Court of Appeals · 1872
  2. The People v. . AllenNew York Court of Appeals · 1870
  3. State v. Springfield TownshipIndiana Supreme Court · 1854
  4. People ex rel. Roman Catholic Orphan Asylum Society v. Board of EducationNew York Supreme Court · 1851

3Cited by16 opinions

  1. Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
  2. Knowlton v. BaumhoverSupreme Court of Iowa · 1918
  3. Chance v. Mississippi State Textbook Rating & Purchasing BoardMississippi Supreme Court · 1941
  4. Chrisman v. City of BrookhavenMississippi Supreme Court · 1892
  5. State Teachers' College v. MorrisMississippi Supreme Court · 1932

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