Herbert v. Board of Education
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Gilder. Mandamus by W. F. Herbert against the Demopolis School Board of Education to require said board to admit his child to the school, although said child had not been vaccinated. From a judgment denying the writ relator appeals.
1Opinion of the Court
McCLELLAN, j.
The municipality of Demopolis enacted an ordinance providing that “no child shall enter any of the public schools of Demopolis who has not been vaccinated.” While this provision was in effect, the district board of education for the Demopolis district refused to admit and would not allow Helen Herbert to enter the Demopolis district public school; she being of sound health and of,legal age and of proper residence to be entitled to attend that school. — Code, § 1755. It is averred that there was “no epidemic of smallpox in the city of Demopolis; that Helen had not been exposed to…
2Cases cited16 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Abeel v. ClarkCalifornia Supreme Court · 1890
- Matter of ViemeisterNew York Court of Appeals · 1904
- State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
- Bissell v. DavisonSupreme Court of Connecticut · 1894
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3Cited by10 opinions
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Giglio v. BarrettSupreme Court of Alabama · 1922
- Ex Parte State Ex Rel. ShirleyAlabama Court of Appeals · 1925
- State Ex Rel. Davis v. CurtisSupreme Court of Alabama · 1922
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