Sargent v. Board of Education
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, James Sargent, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the .clerk.of the . county of Monroe on the 4th day of February, 1902, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs.
The action was brought by a citizen and taxpayer of the city of Rochester to restrain the board of education and the comptroller and treasurer of the city from auditing or paying four sisters, employed by the board of education as teachers in “ St. Mary’s Boys’ Orphan Asylum,” for their services as such teachers. Substantially the basis of the plaintiff’s right of action is the contention that the institution in question is a school and not an asylum. If it is a school or institution of learning, then no money can be paid to it directly…
2Cases cited3 opinions
- People Ex Rel. New York Institution for the Blind v. FitchNew York Court of Appeals · 1897
- People Ex Rel. Inebriates' Home for Kings County v. Comptroller of BrooklynNew York Court of Appeals · 1897
- St. Patrick's Orphan Asylum v. Board of EducationNew York Supreme Court · 1867
3Cited by1 opinion
- People ex rel. Lewis v. GravesAppellate Division of the Supreme Court of the State of New York · 1927