Johnson v. . Board of Education
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at February Term, 1914, of Wilson*. This action was brought by the plaintiff for a mandamus to compel defendant to admit to the proper public school of said county for the white race his four children, who are of school age. He alleged that his oldest child, Arthur Johnson, attended school for two days, when he was refused further admission to and attendance, as a pupil, at the school.
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Appeal by defendant from Bond, J., at February Term, 1914, of Wilson*. This action was brought by the plaintiff for a mandamus to compel defendant to admit to the proper public school of said county for the white race his four children, who are of school age. He alleged that his oldest child, Arthur Johnson, attended school for two days, when he was refused further admission to and attendance, as a pupil, at the school. He thereupon made a demand upon the defendant for the admission of all his children to the proper public school of the county for the white race, and that defendant refused to…
1Opinion of the Court
WalkeR, J.,
after stating tbe facts: We are strongly of tbe opinion tbat tbe learned judge erred in rendering judgment for tbe plaintiff. Tbe facts, as stated by him in tbe judgment, plainly imply that tbe children inherited tbe negro blood from their mother, and it is admitted in tbe pleadings tbat tbe father, J. S. Johnson, is a white man, having a pure strain of blood. But tbe wife has less than one-eighth admixture of negro blood. So tbe question is presented, whether it was within the constitutional power of tbe Legislature to enact section 22, chapter 435 of tbe Public Laws of 1903, now…
2Cases cited4 opinions
- Plessy v. FergusonSupreme Court of the United States · 1896
- Ferrall v. FerrallSupreme Court of North Carolina · 1910
- Hare v. . Board of EducationSupreme Court of North Carolina · 1893
- Tucker v. BleaseSupreme Court of South Carolina · 1914
3Cited by13 opinions
- Board of Managers of the James Walker Memorial Hospital v. City of WilmingtonSupreme Court of North Carolina · 1953
- Kornegay v. . GoldsboroSupreme Court of North Carolina · 1920
- Kornegay v. City of GoldsboroSupreme Court of North Carolina · 1920
- Bickett v. State Tax CommissionSupreme Court of North Carolina · 1919
- Medlin v. County Board of EducationSupreme Court of North Carolina · 1914
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