Legal Opinion
Kay v. Board of Higher Education
New York Supreme Court
Decided March 30, 1940PublishedCited by 2 opinions
1Opinion of the CourtMcGeehan, J.
In this application, under article 78 of the Civil Practice Act, the petitioner seeks to review the action of the board of higher education in appointing Bertrand Russell to the chair of philosophy at City College. Petitioner contends that the action of the board of higher education was illegal and an abuse of such powers as the board of higher education had in making such appointments, because (a) Bertrand Russell was not a citizen and had not declared his intention to become a citizen; (b) the *944appointment did not comply with article V, section 6, of the Constitution of the State of New York…
2Cases cited12 opinions
- People Ex Rel. Bennett v. LamanNew York Court of Appeals · 1938
- Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
- In Matter of BadgerSupreme Court of Missouri · 1920
- Ottinger v. State Civil Service CommissionNew York Court of Appeals · 1925
- Matter of KeymerNew York Court of Appeals · 1896
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3Cited by2 opinions
- Schlichting v. BergstromCourt of Appeals of Oregon · 1973
- Board of Higher Education v. CarterAppellate Division of the Supreme Court of the State of New York · 1962