Legal Opinion

State ex rel. Newnham v. State Board of Education

Nevada Supreme Court

Decided October 15, 1883No. 1160PublishedCited by 4 opinions

Application for mandamus. The facts are stated in the opinion. I. When text books are once prescribed by the proper authority, every parent having children of school age attending the public schools, and who has procured such text-books, has a direct personal, legal right to have such books used in the schools.

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Application for mandamus. The facts are stated in the opinion. I. When text books are once prescribed by the proper authority, every parent having children of school age attending the public schools, and who has procured such text-books, has a direct personal, legal right to have such books used in the schools. There can be no distinction taken between the enforcement of such right and the right of the parent to compel the admission of his child to the public schools when entitled to the benefit of such schools. Mandamus will lie to compel such admission. (State ex rel. Games v. Me Camm, 21…

1Opinion of the Court

By the Court,

Leonard, J.:

Relator prays for the issuance of the writ of mandamus, *174commanding respondent, the state board of education, to allow his child and all other children in the public schools of this state to use Appleton’s school readers as text-books, and to take such steps as may be requisite for the introduction and use of said Appleton’s school readers as textbooks in the public schools of the state, and for the exclusion therefrom of Sheldon’s readers. The statute provides that, “ the state board of education shall have a seal. * * * It shall be the duty of said board to hold…

2Cases cited1 opinion

  1. People v. State Bd. of Educ.California Supreme Court · 1875

3Cited by4 opinions

  1. State ex rel. Clark v. Haworth, School Trustee of Monroe School TownshipIndiana Supreme Court · 1890
  2. State v. StockwellNorth Dakota Supreme Court · 1911
  3. Jones v. Board of EducationMichigan Supreme Court · 1891
  4. McNees v. School Township of East RiverSupreme Court of Iowa · 1907

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