Hodgkins v. Inhabitants of Rockport

The plaintiff is a minor, an inhabitant of Rock-port, and entitled to attend the public schools of that town. In June 1868, he, being a scholar in the high school, was excluded from said school for alleged misconduct. He brings this action under the Gen. Sts. e. 41, § 11, by his next friend, to recover damages for such exclusion, alleging it to be unlawful. In the superior court, trial by jury was waived, and the court, upon the facts and evidence stated at length in the bill of exceptions, ruled that the action could not be maintained, and found for the defendants. The presiding judge found…