Legal Opinion

Knox ex rel. Knox v. Board of Education

Supreme Court of Kansas

Decided January 10, 1891PublishedCited by 16 opinions

Original Proceeding in Mandamus. This is an action of mandamus commenced in this court on October 8, 1890, by Bertha Knox and Lilly Knox, both colored, by their next friend, Jordan Knox, to compel The Board of Education of the Qity of Independence and S. M. Nees, superintendent of the public schools of that city, to permit the plaintiffs to attend the school-rooms of the public schools of that city to which they allege they are entitled, according to their grade, regardless…

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Original Proceeding in Mandamus. This is an action of mandamus commenced in this court on October 8, 1890, by Bertha Knox and Lilly Knox, both colored, by their next friend, Jordan Knox, to compel The Board of Education of the Qity of Independence and S. M. Nees, superintendent of the public schools of that city, to permit the plaintiffs to attend the school-rooms of the public schools of that city to which they allege they are entitled, according to their grade, regardless of and without any distinction of their race or color. After the return or answer was filed to the alternative writ, the…

1Opinion of the Court

The opinion of the court was delivered by

HoetON, C. J.:

The question presented in this case'is, whether the facts agreed to bring it within the decision of Board of Education v. Tinnon, 26 Kas. 1. The city of Independence, like the city of Ottawa, is a city of the second class, and our attention has not been called to any section of the statute changing the control and regulation of the public schools of cities of this class since the affirmance of the judgment in the Tinnon case. The agreed statement of facts shows that Bertha Knox and Lilly Knox, who are colored children, and respectively…

2Cases cited1 opinion

  1. Board of Education v. Tinnon ex rel. TinnonSupreme Court of Kansas · 1881

3Cited by16 opinions

  1. Reynolds v. Board of EducationSupreme Court of Kansas · 1903
  2. Crawford v. School District No. 7Oregon Supreme Court · 1913
  3. State v. JohnsonSupreme Court of Kansas · 1921
  4. Kern v. City Commissioners of NewtonSupreme Court of Kansas · 1938
  5. State v. HoltonSupreme Court of Minnesota · 1902

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