Smith v. Directors of the Ind. Sch. Dist.
Supreme Court of Iowa
Appeal from Lee Gireuii Qoxwt. This is a proceeding for mandamus. The plaintiff avers that he is a boy aged about sixteen years, is of African descent, a citizen of Keokuk, has attended the graded schools there for several years, has passed the examination requisite to entitle him to admission to the high school, and is of good moral character and otherwise entitled to admission there; that the defendants are directors of said school district, and refuse plaintiff admission…
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Appeal from Lee Gireuii Qoxwt. This is a proceeding for mandamus. The plaintiff avers that he is a boy aged about sixteen years, is of African descent, a citizen of Keokuk, has attended the graded schools there for several years, has passed the examination requisite to entitle him to admission to the high school, and is of good moral character and otherwise entitled to admission there; that the defendants are directors of said school district, and refuse plaintiff admission thereto because of his descent and color. The defendants admit the age, residence, descent, examination, qualification,…
1Opinion of the CourtCole, J.
The Circuit Court found as a fact, upon the evidence, that the plaintiff was refused permission “ to attend the high school on account of his being a boy of African descent, and that if he had been a white boy he would have been permitted to attend said high school and enjoy its benefits.” This is the pivotal and the only controverted material fact in the case. The finding of the court, in view of the conflict in the evidence, is conclusive upon us, since the action is triable as an ordinary action, and the finding of the court, in such case, stands as the verdict of a jury. But, in any…
2Cases cited1 opinion
- Clark v. Board of DirectorsSupreme Court of Iowa · 1868
3Cited by7 opinions
- Perkins v. Board of Directors of the Independent School DistrictSupreme Court of Iowa · 1881
- Board of Education v. Tinnon ex rel. TinnonSupreme Court of Kansas · 1881
- Lee v. HoffmanSupreme Court of Iowa · 1918
- Preston v. Board of EducationSupreme Court of Iowa · 1904
- Weir v. State ex rel. WorlIndiana Supreme Court · 1903
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