State ex rel. Riley v. Blain
Ohio Supreme Court
Mandamus. Error to the District Court of Pike County. On July 1,1876, the relator was employed by the local directors of sub-district No. 1, Jackson township, Pike county, to teach school in said sub-district for the term of six months, in consideration of $40 per month.
Read the full summary
Mandamus. Error to the District Court of Pike County. On July 1,1876, the relator was employed by the local directors of sub-district No. 1, Jackson township, Pike county, to teach school in said sub-district for the term of six months, in consideration of $40 per month. In pursuance of such employment, the relator taught such school for six months, commencing September, 1876, and ending March 2, 1877. At the close of the term the local directors certified the amount due relator to the defendant as township clerk, whereupon the relator, having furnished said clerk with all the certificates…
1DissentJohnson, J.
The statement of facts shows that the relator, in making his contract with the local directors to teach the school, expressly stipulated for the exclusion of certain •colored youth from the school, and that he faithfully executed •.this contract by actually refusing to admit or teach them ; that it was not practicable for the board of education of the township to provide for them a separate school, and that said board had -ordered them instructed in this school.
This contract being made and performed by the relator in violation of the school law, and of the rights of these children, .and…
2Cases cited1 opinion
- Gamble v. WarnerOhio Supreme Court · 1847