Legal Opinion

Cole v. District Board of School Dist. No. 29

Supreme Court of Oklahoma

Decided April 9, 1912No. 1779PublishedCited by 5 opinions

Error from District Court, McIntosh County; Preslie B. Cole, Judge. Action by Morton Cole and others against the District Board of School District No. 29, County of McIntosh, for writ of mandamus to compel the defendant to admit the plaintiffs into the white school of that district. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

Opinion by

AMES, C.

The plaintiffs were denied admission to the white school in the district in which they resided on the ground that they were negroes. They brought action to compel the district board to admit them. The case was tried in the district court, and the issues were submitted to a jury, which returned a verdict in favor of the defendant, on which judgment was rendered by the court.

The first error complained of is in giving the following instruction :

“You are further instructed that in determining the blood and race of the plaintiffs you may take into consideration any evidence…

2Cases cited20 opinions

  1. Kermott v. AyerMichigan Supreme Court · 1863
  2. Bryan v. WatsonSupreme Court of Georgia · 1856
  3. White v. ClementsSupreme Court of Georgia · 1869
  4. Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
  5. Hopkins v. . BowersSupreme Court of North Carolina · 1892

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Vickers v. FaubionCourt of Appeals of Texas · 1920
  2. Atchison, T. & S. F. Ry. Co. v. LambertSupreme Court of Oklahoma · 1912
  3. Ware v. BeachSupreme Court of Oklahoma · 1957
  4. White v. HolderbyCourt of Appeals for the Fifth Circuit · 1951
  5. Wakeley v. Douglas CountyNebraska Supreme Court · 1922

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