Gardner v. Board of Education
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Cass county; Hon. W. B. McConnell, Judge. The plaintiff’s legal residence is in Fargo. The term “residence” does not admit of an exact, all-comprehensive definition, for the reason that its signification varies according to the subject-matter with reference to which it is employed.
Read the full summary
Appeal from the district court of Cass county; Hon. W. B. McConnell, Judge. The plaintiff’s legal residence is in Fargo. The term “residence” does not admit of an exact, all-comprehensive definition, for the reason that its signification varies according to the subject-matter with reference to which it is employed. Frost v. Brisbin, 19 Wend. 11; Haggart v. Morgan, 2 N. Y. 422; Bell v. Pierce, 51 N. Y. 12; Stout v. Leonard, 37 N. J. L. 492; Fitzgerald v. Arel, (la.) 16 N. W. Bep. 712; Bor-land v. Boston, 132 Mass. 337. For some purposes one may have a winter and a summer residence. Bartlett v.…
1Opinion of the CourtMcCoNneld, J.
Gardner, plaintiff below and appellant here, seeks by proceeding in mandamus to have his children admitted to the privilege of free attendance and tuition in the public schools in the city of Fargo.
The trial court, denying the peremptory writ, gave judgment in favor of the defendants.
It was conceded that appellant’s children were of lawful school age, were in appellant’s care and control, and were entitled to such privilege of free attendance and tuition, except as affected by appellant’s residence. Defendants held that he was not a resident of Fargo, and therefore denied to his children the…
2Cases cited3 opinions
- Mitchell v. United StatesSupreme Court of the United States · 1875
- Thayer v. City of BostonMassachusetts Supreme Judicial Court · 1878
- Anderson v. Estate of AndersonSupreme Court of Vermont · 1869
3Cited by10 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- Northwestern Mortgage & Security Co. v. Noel Construction Co.North Dakota Supreme Court · 1941
- Anderson v. BreithbarthNorth Dakota Supreme Court · 1932
- McEwen v. McEwenNorth Dakota Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.