Legal Opinion

Attorney General ex rel. Marr v. Board of Education

Michigan Supreme Court

Decided June 30, 1903No. Docket Nos. 71, 72PublishedCited by 4 opinions

Appeals from Wayne; Donovan, J. Bills by Horace M. Oren, attorney general, on the relation of Maurice R. Marr and Peter Guenther, and by D. G. Heath & Company, against the board of education of the city of Detroit, to enjoin a change of text-books in the public schools. From decrees dismissing the bills, complainants appeal. Complainant D. C. Heath & Co., a corporation organized under the laws of the State of Maine, filed this bill.

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Appeals from Wayne; Donovan, J. Bills by Horace M. Oren, attorney general, on the relation of Maurice R. Marr and Peter Guenther, and by D. G. Heath & Company, against the board of education of the city of Detroit, to enjoin a change of text-books in the public schools. From decrees dismissing the bills, complainants appeal. Complainant D. C. Heath & Co., a corporation organized under the laws of the State of Maine, filed this bill. It alleges that it is a publisher of schoolbooks known as “Walsh’s Arithmetic;” that this arithmetic is divided into three volumes, — one called the “Primary,”…

1Opinion of the CourtGrant, J.

(after stating the facts). The questions presented are these :(1) Has complainant D. C. Heath & Co. presented a case for equitable relief by injunction?(2) Has any one or all of the Walsh series of arithmetics been adopted, so as to bring it within the five-year limit ?(3) When was the Walsh Grammar School Arithmetic adopted ?(4) Did- the adoption and use of the Walsh Grammar School Arithmetic carry with it the adoption of the Walsh Primary Arithmetic ?(5) Has the Walsh Primary Arithmetic been adopted?

1. If the complainant D. C. Heath & Co. has any standing in the court, it is because it has…

2Cases cited3 opinions

  1. Board of Education v. Common CouncilMichigan Supreme Court · 1890
  2. Bancroft v. ThayerUnited States Circuit Court · 1879
  3. Jones v. Board of EducationMichigan Supreme Court · 1891

3Cited by4 opinions

  1. Haas v. Independent School District No. 1South Dakota Supreme Court · 1943
  2. Terranova v. Cottrell Block Construction Co.Michigan Supreme Court · 1942
  3. McNees v. School Township of East RiverSupreme Court of Iowa · 1907
  4. State ex rel. Simon v. FairchildSupreme Court of Kansas · 1912

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