State ex rel. Adams v. Burdge
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: John R. Bennett, Circuit Judge. This was a proceeding against the school board of the city of Beloit to obtain a peremptory mandamus commanding the defendants, as such board, to permit the relator’s three children to attend the public schools in said city, from which it was alleged they had been wrongfully and unlawfully expelled March 13, 1894, and had been excluded therefrom ever since, without any legal excuse…
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Appeal from a judgment of the circuit court for Rock county: John R. Bennett, Circuit Judge. This was a proceeding against the school board of the city of Beloit to obtain a peremptory mandamus commanding the defendants, as such board, to permit the relator’s three children to attend the public schools in said city, from which it was alleged they had been wrongfully and unlawfully expelled March 13, 1894, and had been excluded therefrom ever since, without any legal excuse or authority, solely on the ground that they had not been vaccinated with virus, as a preventive of smallpox. The…
1Opinion of the CourtPutney, J.
1. The legality of the action of the defendants, constituting the school board of the city of Beloit, in expelling and excluding the relator’s three children from the *397public schools in that city, which they were and had been respectively attending, and which they had a lawful right ■to attend, is attempted to be justified by the rule adopted by the state board of health of January 26, 1894, and as •■modified in June, 1894, after this proceeding had been commenced. The defendants were acting only under the supposed authority of the rule of the state board-of health, and this presents the…
2Cases cited13 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Abeel v. ClarkCalifornia Supreme Court · 1890
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Blue v. BeachIndiana Supreme Court · 1900
- State ex rel. Carter v. HarperWisconsin Supreme Court · 1923
- State ex rel. Wisconsin Inspection Bureau v. WhitmanWisconsin Supreme Court · 1928
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
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