Legal Opinion
Marsh v. Earle
District Court, M.D. Pennsylvania
Decided August 17, 1938No. 1330PublishedCited by 1 opinion
1Opinion of the Court
JOHNSON, District Judge.
This is a motion equivalent to a demurrer to dismiss a bill of complaint praying for an injunction to restrain defendants from enforcing the provisions of the compulsory school attendance laws of the state of Pennsylvania. The facts are not in dispute.
On March 9, 1938, the plaintiff was arrested for violating the School Code, Act of 1911, P.L. 383, by rendering his son ineligible for admission to the schools of the state by refusing to have him vaccinated against smallpox. Plaintiff was taken before a justice of the peace, and, after a hearing, was sentenced to…
2Cases cited10 opinions
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Terrace v. ThompsonSupreme Court of the United States · 1923
- American Trucking Associations, Inc. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1967
- Commonwealth v. WilkinsSupreme Court of Pennsylvania · 1922
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3Cited by1 opinion
- Marsh's CaseSuperior Court of Pennsylvania · 1940