Legal Opinion

Bryant v. Whisenant

Supreme Court of Alabama

Decided May 12, 1910PublishedCited by 14 opinions

Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Bessie Bryant, pro ami, against M. A. AVhisenant and others. Judgment for defendants, and plaintiff appeals'. The suit was for damages alleged to have been- done plaintiff on account of declining to permit her to attend a public school taught in district No. 23, in Calhoun county, of which the defendants were the district trustees.

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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Bessie Bryant, pro ami, against M. A. AVhisenant and others. Judgment for defendants, and plaintiff appeals'. The suit was for damages alleged to have been- done plaintiff on account of declining to permit her to attend a public school taught in district No. 23, in Calhoun county, of which the defendants were the district trustees. It is alleged that the defendants instructed the teacher not to receive or teach her, and that they made the rules excluding her from school. The pleas are as follows: “(2) That in,…

1Opinion of the CourtAndeeson, J.

It is manifest that chapter 41 of the Code of 1907, which relates to the public school system of the state, contemplates that tuition shall be absolutely free to all minors of the state over the age -of seven. We think, however, there is a well-defined distinction between tuition and a reasonable incidental fee for heating and lighting the schoolroom. — State ex rel. Priest v. University of Wisconsin, 54 Wis. 159, 11 N. W. 472. And when the statute makes no provision for a fund for this purpose, the county boards have the right to prescribe a reasonable method for the raising and collection…

2Cases cited1 opinion

  1. State ex rel. Priest v. Regents of the UniversityWisconsin Supreme Court · 1882

3Cited by14 opinions

  1. State Ex Rel. Veeder v. State Board of EducationMontana Supreme Court · 1934
  2. Rheam v. Board of Regents of University of OklahomaSupreme Court of Oklahoma · 1933
  3. Ex Parte JamesSupreme Court of Alabama · 1997
  4. Connell v. GraySupreme Court of Oklahoma · 1912
  5. Baxley v. RutlandDistrict Court, M.D. Alabama · 1976

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