Legal Opinion

Dorner v. School District No. 5

Wisconsin Supreme Court

Decided November 27, 1908PublishedCited by 11 opinions

Appeal from a judgment of tbe circuit court for Brown county: S. D. HASTINGS, Circuit Judge. Tbe defendant school district, for a period of about twenty years, rented from tbe defendant Congregation of tbe Immaculate Conception, a Roman Catholic church corporation, certain rooms in its school building and expended the school moneys of the district in paying teachers to conduct schools therein, and also paid certain small amounts for fuel, cleaning, and the like.

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Appeal from a judgment of tbe circuit court for Brown county: S. D. HASTINGS, Circuit Judge. Tbe defendant school district, for a period of about twenty years, rented from tbe defendant Congregation of tbe Immaculate Conception, a Roman Catholic church corporation, certain rooms in its school building and expended the school moneys of the district in paying teachers to conduct schools therein, and also paid certain small amounts for fuel, cleaning, and the like. The building had been erected for the purposes of a parochial school by said church corporation, and the rest of the rooms therein…

1Opinion of the Court

.Dodge, T.

But two questions arise upon this appeal, and they rather narrow ones. The very important questions as to what acts may constitute the giving or allowing sectarian instruction such as is prohibited in public schools by sec. 3, art. X, Const., and whether the acts done in the instant case .are within that inhibition, are treated in an able and exhaust*150ive opinion by the trial court, but are not presented by the appeal. We are therefore to start with the fact that for nearly twenty years the school officers have annually paid school district moneys for support of a school where…

2Cases cited7 opinions

  1. Frederick v. Douglas CountyWisconsin Supreme Court · 1897
  2. Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
  3. Webster v. Douglas CountyWisconsin Supreme Court · 1899
  4. McCann v. WelchWisconsin Supreme Court · 1900
  5. Shores Lumber Co. v. ClaneyWisconsin Supreme Court · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
  2. State Ex Rel. School District v. Nebraska State Board of EducationNebraska Supreme Court · 1972
  3. State Ex Rel. Johnson v. BoydIndiana Supreme Court · 1940
  4. Iverson v. Union Free High School DistrictWisconsin Supreme Court · 1925
  5. Backhaus v. LeeNorth Dakota Supreme Court · 1923

6 more not listed; retrieve them via the Exa API.

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