State ex rel. Bowe v. Board of Education
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pond du Lac County. This was a proceeding by mandamus- to compel the board of education to reinstate the son of the relator in one of the public schools of the city of Fond du Lac. The substance of the return to the alternative writ will be found in the opinion.
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APPEAL from the Circuit Court for Pond du Lac County. This was a proceeding by mandamus- to compel the board of education to reinstate the son of the relator in one of the public schools of the city of Fond du Lac. The substance of the return to the alternative writ will be found in the opinion. The relator demurred to the return, and appealed from an order overruling the demurrer. contended, inter alia, that the rule was a reasonable one, and that the request of the teacher was one which, from the relations existing between teacher and pupil, without regard to the rule, the pupil was bound…
1Opinion of the CourtCole, C. J.
One can but express surprise that any intelligent teacher or intelligent board of education should suffer such a case as this to reach the courts. The fact that it is here can only be accounted for on the ground that either the teacher or the board of education, perhaps both, have sadly misconceived their powers and duties, or have been actuated by some improper motive in excluding the relator’s son from the public school. The reasons for excluding him, as stated in the return, are, in substance, that the board of education — which is clothed with power to make rules and regulations for the…
2Cases cited2 opinions
- State ex rel. Burpee v. BurtonWisconsin Supreme Court · 1878
- Morrow v. WoodWisconsin Supreme Court · 1874
3Cited by11 opinions
- Parker v. JefferyOregon Supreme Court · 1894
- Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
- Neuhaus v. FedericoCourt of Appeals of Oregon · 1973
- State Ex Rel. Hansen v. SchallSupreme Court of Connecticut · 1940
- Board of Education v. PurseSupreme Court of Georgia · 1897
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