State ex rel. Comstock v. Joint School District No. 1 of Arcadia
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. The relator presented his affidavit to the circuit court, in which he deposes that he resides within one' mile of the school-house of the respondent district, but not in such district, and is a tax-payer therein; that there is no public school in session in the school district in which he resides, but there is one being held in the respondent district, and that the qualified electors of the latter district duly authorized…
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APPEAL from the Circuit Court for Trempealeau County. The relator presented his affidavit to the circuit court, in which he deposes that he resides within one' mile of the school-house of the respondent district, but not in such district, and is a tax-payer therein; that there is no public school in session in the school district in which he resides, but there is one being held in the respondent district, and that the qualified electors of the latter district duly authorized the district board thereof to admit nonresident pupils to the privileges of the school therein on payment of a term fee…
1Opinion of the CourtLvorr, J.
Sec. 3, art. X, of the constitution, reads as follows : “ The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition, to all children between the ages of four and twenty years; and no sectarian instruction shall be allowed therein.” Counsel for appellant maintains (using his own language) “that a reasonable interpretation of the constitutional provision in question places no restriction as to the residence of the scholar, except that he or she reside within this…
2Cases cited5 opinions
- State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
- State ex rel. Martin v. DoyleWisconsin Supreme Court · 1875
- State ex rel. Lord v. Board of SupervisorWisconsin Supreme Court · 1850
- State ex rel. Taylor v. Board of SupervisorsWisconsin Supreme Court · 1885
- State ex rel. Byrne v. HarveyWisconsin Supreme Court · 1860
3Cited by32 opinions
- Buse v. SmithWisconsin Supreme Court · 1976
- Jackson v. BensonWisconsin Supreme Court · 1998
- Jacobs v. MajorWisconsin Supreme Court · 1987
- State v. BenoWisconsin Supreme Court · 1984
- Kukor v. GroverWisconsin Supreme Court · 1989
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