McFall v. State Board of Education
Texas Supreme Court
Original application by McFall, by his father as next friend, for writ of mandamus against the State Board of Education. Relator, being of scholastic age was expelled from the public school by the trustees. He appealed from the decision, and it was reversed by the county superintendent.
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Original application by McFall, by his father as next friend, for writ of mandamus against the State Board of Education. Relator, being of scholastic age was expelled from the public school by the trustees. He appealed from the decision, and it was reversed by the county superintendent. The trustees appealed to the State Superintendent who reversed this ruling and sustained that of the trustees; and this decision, on relators appeal, was sustained by the State Board of Education,
1Opinion of the CourtChief Justice Gaines
This is a petition for a writ of mandamus to compel the Governor of the State, its Comptroller of Public Accounts and its Secretary of State, composing the State Board of Education to rescind their action in affirming a ruling of the Superintendent of Public Instruction.
The statute which authorizes this court to issue writs of mandamus reads as follows: “The supreme court, or any justice thereof, shall have power to issue writs of habeas corpus as may be prescribed by law; and the said court, or the justices thereof,may issue writs of mandamus, procedendo, certiorari and all writs necessary…
2Cases cited1 opinion
- Betts v. JohnsonTexas Supreme Court · 1903
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- Ex parte JohnsonCourt of Criminal Appeals of Texas · 2017
- Herring v. Houston Nat. Exch. BankCourt of Appeals of Texas · 1922
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