State Ex Rel. Beattie v. Board of Edn. City of Antigo
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Lang-lade county: T. W. Hogan, Judge. This is an action of mandamus brought in the municipal court of Langlade county to compel the Board of Education of the City of Antigo to reinstate and admit petitioner’s son to the public schools of said city. From a judgment in favor of the petitioner the defendant Board of Education appealed.
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Appeal from a judgment of the municipal court of Lang-lade county: T. W. Hogan, Judge. This is an action of mandamus brought in the municipal court of Langlade county to compel the Board of Education of the City of Antigo to reinstate and admit petitioner’s son to the public schools of said city. From a judgment in favor of the petitioner the defendant Board of Education appealed. Merritt Beattie, thirteen years of age on March 27, 1918, son of petitioner, has been a resident of the city of Antigo since he was two years of age. Merritt has been a crippled and defective child since his birth,…
1Opinion of the CourtOwen, J.
The right of a child of school age to attend the public schools of this state cannot be insisted upon when its presence therein is harmful to the best interests of the school. This, like other individual rights, must be subordinated to the general welfare. It will be conceded, we think, that the foregoing statement of facts presents a fair question as to the effect of the boy’s presence upon the school and the individual pupils attending the same. The question then arises as to what body or tribunal is vested with the authority of determining the question. The trial court seemed to be of the…
2Cases cited4 opinions
- Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
- McNolty v. Board of School DirectorsWisconsin Supreme Court · 1899
- Watson v. City of CambridgeMassachusetts Supreme Judicial Court · 1893
- State ex rel. Dresser v. District Board of School District No. 1Wisconsin Supreme Court · 1908
3Cited by12 opinions
- Bowers v. National Collegiate Athletic Ass'nCourt of Appeals for the Third Circuit · 2007
- Bowers v. National Collegiate Athletic AssociationCourt of Appeals for the Third Circuit · 2007
- Ass'n for Disabled Americans, Inc. v. Florida International UniversityCourt of Appeals for the Eleventh Circuit · 2005
- State ex rel. Thompson v. Board of School DirectorsWisconsin Supreme Court · 1923
- Hooker v. New York Life Ins. Co.Court of Appeals for the Seventh Circuit · 1947
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