Tape v. Hurley
California Supreme Court
Appeal from a judgment-of the Superior "Oourt-of the-eity and county of San Francisco. The respondent, through her guardian ad litem, applied to the appellant Hurley, the principal of one-of the public schools of the city and county of San Francisco, for admission therein.
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Appeal from a judgment-of the Superior "Oourt-of the-eity and county of San Francisco. The respondent, through her guardian ad litem, applied to the appellant Hurley, the principal of one-of the public schools of the city and county of San Francisco, for admission therein. The respondent is a Chinese child, and because of this fact Miss Hurley, acting in obedience to a resolution of the board of education of the city and county of San Francisco, refused to admit her as a pupil into the school. A writ of mandate was then sued out against Miss Hurley, A. J. Moulder, superintendent of public…
1Opinion of the CourtSharpstein, J.
The main question in this case is whether a child “ between six and twenty-one years of age, of Chinese parentage, but who was born and has always lived in the city and county of San Francisco,” is entitled to admission in the public school of the district in which she resides.
The language of the code is as follows:
“ Every school, unless otherwise provided by law, must be. *474open for the-admission of all children between six and twenty-one years of age residing in the district; and the board of trustees, or city board of education, have power to admit adults and children not residing in the…
2Cases cited2 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Ward v. FloodCalifornia Supreme Court · 1874
3Cited by12 opinions
- Lerner v. Los Angeles City Board of EducationCalifornia Supreme Court · 1963
- University of Maryland v. MurrayCourt of Appeals of Maryland · 1936
- Stockton v. Department of EmploymentCalifornia Supreme Court · 1944
- Wysinger v. CrookshankCalifornia Supreme Court · 1890
- Graham ex rel. Graham v. Board of EducationSupreme Court of Kansas · 1941
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