City of New Braunfels v. Waldschmidt
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Comal County. Waldschmidt, for himself and as next friend for his minor children, sued the City, of New Braunfels, its mayor and officers, and its superintendent of schools, to obtain an injunction against excluding the children from the public schools for refusal to comply with a requirement .of the city council that they should first be vaccinated.
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Error to the Court of Civil Appeals for the Third District, in an appeal from Comal County. Waldschmidt, for himself and as next friend for his minor children, sued the City, of New Braunfels, its mayor and officers, and its superintendent of schools, to obtain an injunction against excluding the children from the public schools for refusal to comply with a requirement .of the city council that they should first be vaccinated. He was denied recovery, and on his appeal this was reversed and the injunction awarded. The appellees thereupon obtained writ of error from the Supreme Court.
1Opinion of the CourtJustice Greenwood
By this suit defendants in error attack the validity of an ordinance adopted by the 'city council of the City of New Braunfels, providing that no person should be permitted to attend the public or private schools within that city, without presenting a physician’s certificate to the person’s vaccination within six years, and providing for the punishment, by fine, of anyone upon conviction of sending a child to any school within the city, who had not been vaccinated or upon conviction of admitting a child into such school without a certificate of vaccination.
The ordinance is attacked on three…
2Cases cited12 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Blue v. BeachIndiana Supreme Court · 1900
- Houston & Texas Central Railroad v. City of DallasTexas Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- City of Dallas v. SmithTexas Supreme Court · 1937
- Town of Ascarate v. VillalobosTexas Supreme Court · 1949
- City of Coleman v. RhoneCourt of Appeals of Texas · 1949
- Duncan Land & Exploration, Inc. v. LittlepageCourt of Appeals of Texas · 1999
- Heard v. City of DallasCourt of Appeals of Texas · 1970
34 more not listed; retrieve them via the Exa API.