State ex rel. Cox v. Board of Education of Salt Lake City
Utah Supreme Court
Appeal from the Third District Court, Salt Labe County, Hon. A. N. Cherry, Judge. Application in the district court for a writ of mandate to compel the defendant board of education to admit Florence Cox, a female of the age of ten years, to a certain school in said city, as a pupil. Admission was denied on account of non-vaccination, and the prevalence of smallpox in' the city of Salt Lake.
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Appeal from the Third District Court, Salt Labe County, Hon. A. N. Cherry, Judge. Application in the district court for a writ of mandate to compel the defendant board of education to admit Florence Cox, a female of the age of ten years, to a certain school in said city, as a pupil. Admission was denied on account of non-vaccination, and the prevalence of smallpox in' the city of Salt Lake. A demurrer to the answer of defendant setting up the prevalence of the disease, the existence of certain health boards, the adoption of certain resolutions, etc., in alleged aid of the public health, was…
1Opinion of the CourtMinee, J.
Among other provisions of the statute empowering local boards of health to preserve the public health, are the following:
Sec. 1105, B. S., provides: The city council must establish a board of health for the city, whose chief executive officer shall be a graduated physician of a legally chartered medical college.
Sec. 1110, B. S., provides: “Any local board of health may declare quarantine in its county, city, or town or any part thereof, against a contagious or infectious disease prevailing there or elsewhere, and against all persons and things likely to spread contagion or infection. Each of…
2Cases cited12 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- Abeel v. ClarkCalifornia Supreme Court · 1890
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Metropolitan Board of Health v. . HeisterNew York Court of Appeals · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dalli v. Board of EducationMassachusetts Supreme Judicial Court · 1971
- Backman v. BatemanUtah Supreme Court · 1953
- Waldschmit v. City of New BraunfelsCourt of Appeals of Texas · 1917
- Rhea ex rel. Rhea v. Board of EducationNorth Dakota Supreme Court · 1919
- State v. DrewSupreme Court of New Hampshire · 1937
11 more not listed; retrieve them via the Exa API.