Rhea ex rel. Rhea v. Board of Education
North Dakota Supreme Court
Appeal from tbe District Court of Ramsey County, Honorable 0. W. Buttz, Judge. In tbe absence of any statute making vaccination a condition precedent to tbe right of admission to tbe public schools, neither a board of health having general control of matters affecting the public health, nor a school board, acting under its general power or under the board of health, has authority to exclude children from the public schools where smallpox does not already exist, or is…
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Appeal from tbe District Court of Ramsey County, Honorable 0. W. Buttz, Judge. In tbe absence of any statute making vaccination a condition precedent to tbe right of admission to tbe public schools, neither a board of health having general control of matters affecting the public health, nor a school board, acting under its general power or under the board of health, has authority to exclude children from the public schools where smallpox does not already exist, or is reasonably apprehended. Potts v. Breen, 167 Ill. 67, 47 N. E. 81; Dawbaugh v. Board of Education, 177 Ill. 572, 52 N. E. 850;…
1Opinion of the CourtBirdzell, J.
Tbis is an appeal from a judgment entered in the district court of Ramsey county, wbicb dismisses the appellant’s action, quashes an alternative writ of mandamus, and awards costs to the defendant. Although an answer was filed and stipulation entered into by the respective parties, covering certain of the facts alleged, the matter was finally brought to a hearing before the lower court on a motion to quash the alternative writ of mandamus. The correctness of the judgment entered must therefore depend upon the sufficiency of the amended petition of the plaintiff and appellant.
The proceedings…
2Cases cited24 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Blue v. BeachIndiana Supreme Court · 1900
- Abeel v. ClarkCalifornia Supreme Court · 1890
- Matter of ViemeisterNew York Court of Appeals · 1904
- State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
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3Cited by6 opinions
- People ex rel. Barmore v. RobertsonIllinois Supreme Court · 1922
- Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953
- McWithy v. Heart River School District No. 22North Dakota Supreme Court · 1948
- Medical Properties, Inc. v. North Dakota Board of PharmacyNorth Dakota Supreme Court · 1956
- Morris v. VandiverMississippi Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.