Legal Opinion

People ex rel. Peair v. Board of Education

Illinois Supreme Court

Decided April 5, 1889PublishedCited by 24 opinions

This was a proceeding by mandamus, commenced in this court by John Peair, against the Board of Education of Upper Alton school district.

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This was a proceeding by mandamus, commenced in this court by John Peair, against the Board of Education of Upper Alton school district. This proceeding was begun by the relator, John Peair, at the January term of this court, 1888, to compel the respondents to admit his two children, Tony and Cora, to the high school building of Upper Alton school district, to be taught therein, with other children of the same grade,' without discrimination, it being alleged in the petition filed, that said children had been excluded therefrom on account of their color. By the answer of respondents, and the…

1Opinion of the CourtJustice Wilkin

On the principal question involved in this controversy, viz., did respondents exclude relator’s children from the high school building of Upper Alton school district on account of color, the finding of the jury must be held to be adverse to respondents. The eighteenth special finding is directly and positively so, and the eleventh and nineteenth, to the effect that they were so excluded by the principal of said school, are so in effect. The resolution of respondents, August 20, 1886, set out in the answer, vested full power in said principal to assign all pupils in said district; therefore,…

2Cases cited1 opinion

  1. People ex rel. Longress v. Board of EducationIllinois Supreme Court · 1882

3Cited by24 opinions

  1. State Board of Equalization v. People ex rel. GogginIllinois Supreme Court · 1901
  2. Tometz v. Board of EducationIllinois Supreme Court · 1968
  3. Kimberly v. MorrisTexas Supreme Court · 1895
  4. People ex rel. Hemstreet v. CrabbIllinois Supreme Court · 1895
  5. People ex rel. Busch v. GreenIllinois Supreme Court · 1917

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