Legal Opinion

Board of Education v. Hobbs

Supreme Court of Oklahoma

Decided April 10, 1899PublishedCited by 5 opinions

Error from the District Court of Canadian County; before John C. Tarsney, District Judge. TMs action was begun by Joseph Hobbs, an infant, through W. W. English, his next friend, against the board of education of the city of El Reno, by an application on behalf of the plaintiff for a writ of mandamus to compel the defendant to permit the infant to enter a school in the said city, and under the charge and control of the defendant, and to grant him such privileges as are…

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Error from the District Court of Canadian County; before John C. Tarsney, District Judge. TMs action was begun by Joseph Hobbs, an infant, through W. W. English, his next friend, against the board of education of the city of El Reno, by an application on behalf of the plaintiff for a writ of mandamus to compel the defendant to permit the infant to enter a school in the said city, and under the charge and control of the defendant, and to grant him such privileges as are granted to all persons of school age properly entitled to the benefits of the public schools of the district. An alternative…

1Opinion of the Court

Opinion of the court by

McAtee, J.:

It was shown in the cause that the parents of the plaintiff, for whose benefit the action was brought, had resided in El Reno for a number of years, and had property there, but that they had separated. The testimony was conflicting as to whether either of them had established a home or residence elsewhere. The plaintiff child in this case had resided continuously in El Reno, and had attended its schools uniformly, with an interruption of a year or more, in which he was with his father at Enid, where his father was doing business. Evidence tending to show the…

2Cases cited2 opinions

  1. Yale v. West Middle School DistrictSupreme Court of Connecticut · 1890
  2. State ex rel. School District No. 1 of Waukesha v. ThayerWisconsin Supreme Court · 1889

3Cited by5 opinions

  1. Peterson v. School BoardMontana Supreme Court · 1925
  2. McNish v. State ex rel. DimickNebraska Supreme Court · 1905
  3. Martinez Ex Rel. Morales v. BynumSupreme Court of the United States · 1983
  4. Martinez Ex Rel. Morales v. BynumSupreme Court of the United States · 1983
  5. Sewall v. HatcherArizona Supreme Court · 1899

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