State ex rel. Crain v. Hamilton
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Tlie directors expelled the pupil without “ due examination.” Appellant has the right to send his son to the school of which respondents are directors. Const. Mo. sec. 1, art. 11; King v. School Board, 71 Mo. 628; Chase v. Stephenson, 71 111. 383; Roe v. Deming, 21 Ohio St. 666; RttMson v. Post, 79 111. 567. And he cannot be deprived of this right except “ by dne process of law.” Const.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Tlie directors expelled the pupil without “ due examination.” Appellant has the right to send his son to the school of which respondents are directors. Const. Mo. sec. 1, art. 11; King v. School Board, 71 Mo. 628; Chase v. Stephenson, 71 111. 383; Roe v. Deming, 21 Ohio St. 666; RttMson v. Post, 79 111. 567. And he cannot be deprived of this right except “ by dne process of law.” Const. U. S., sec. 1, art. 14. “Dueexamination” must be made into the matters charged against the pupil, before he can be deprived of his-…
1Opinion of the CourtGill, J.
This is a mandamus proceeding brought by relator Crain against defendants Hamilton, Clark and Hudson, directors of a school district in Saline county, seeking to compel said directors to restore Benjamin Crain, plaintiff ’ s minor son, as a pupil in said school, from which the said Benjamin had been, it is alleged, illegally and wrongfully expelled by said defendants. An alternative writ of mandamus having been issued, defendants made return stating that they had full warrant and authority in law to expel plaintiff’s boy from said'school, and that in December, 1888, they made an order…
2Cases cited1 opinion
- Deskins v. GoseSupreme Court of Missouri · 1885
3Cited by3 opinions
- Vermillion v. State ex rel. EnglehardtNebraska Supreme Court · 1907
- State ex rel. Biggs v. PenterMissouri Court of Appeals · 1902
- State ex rel. Moore v. MillsapMissouri Court of Appeals · 1908