Legal Opinion

State ex rel. Burpee v. Burton

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 17 opinions

APPEAL from the Circuit Court for Hook County. The relator is a resident of the city of Janesville, and the defendant is the principal in charge of the high school (so called) in that city.

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APPEAL from the Circuit Court for Hook County. The relator is a resident of the city of Janesville, and the defendant is the principal in charge of the high school (so called) in that city. The relator presented his affidavit to the circuit court, in which he stated and charged, in substance, that on the 13th of December, 1877, the defendant, without lawful authority or right and without legal or reasonable excuse, and contrary to the known wishes of the relator, suspended and expelled from the said school the relator’s son, George, aged about sixteen years, who had theretofore been a pupil…

1Opinion of the CourtLyon, J.

The power of the board of education to suspend a pupil from the privileges of the schools under its charge, and even to expel him, for persistent misconduct, is freely conceded by the learned counsel for the relator. That the acta *155of misconduct charged against tlie relator’s son in the defendant’s return to the alternative writ of mandamus furnish sufficient grounds for suspending-him, we cannot doubt. And moreover, if he was lawfully suspended, no sufficient grounds for restoration are stated in the affidavit for the writ. Indeed, the return shows affirmatively that he has not placed himself…

2Cited by17 opinions

  1. Interest of L. L. v. Circuit Court of Washington CountyCourt of Appeals of Wisconsin · 1979
  2. John B. Stetson University v. HuntSupreme Court of Florida · 1924
  3. Boyd v. StateSupreme Court of Alabama · 1889
  4. Fertich v. MichenerIndiana Supreme Court · 1887
  5. State ex rel. Stallard v. WhiteIndiana Supreme Court · 1882

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