Hering v. State Bd. of Educ.
| Decision Date | 22 September 1937 |
| Docket Number | No. 29.,29. |
| Citation | 118 N.J.L. 566,194 A. 177 |
| Parties | HERING et al. v. STATE BOARD OF EDUCATION. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Certiorari by John Hering and Ella Hering, individually, and Alma Hering and Vivian Hering, by John Hering, their next friend, to the State Board of Education to review the expulsion of Alma Hering and Vivian Hering from a public school. From a judgment of the Supreme Court (117 N. J.Law 455, 189 A. 629), dismissing the writ, prosecutors appeal.
Affirmed.
Abraham J. Isserman, of Newark, and Carol King, of New York City, for appellants. George W. King, Jr., of Jersey City, for respondent. Aaron A. Melniker, of Jersey City, Joel Gross, of Newark, Arthur H. Bissell, of Montclair, Michael N. Chanalis, of Newark, and Arthur Garfield Hays, William G. Fennell, and A. L. Wirin, all of New York City, amici curiae.
The wisdom of the statute under review was for the Legislature; we express no view thereon. We note that the expression required of the children was a pledge, not an oath, and that, although this is not of importance, the ages of the children are slightly different from those stated in the opinion below. The judgment appealed from is affirmed, and, except for these reservations, for the reasons expressed in the opinion of Mr. Justice Bodine filed in the Supreme Court.
For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices PARKER, LLOYD, CASE, DONGES, and PERSKIE, and Judges DEAR, WELLS, WOLFSKEIL, RAFFERTY, and COLE —12.
For reversal: None.
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Minersville School Dist. v. Gobitis
...position is ostensibly sustained by Hering v. State Board of Education, 117 N.J.L. 455, 189 A. 629, affirmed per curiam, 118 N.J.L. 566, 194 A. 177, appeal dismissed 303 U.S. 624, 58 S.Ct. 752, 82 L.Ed. 1087; Nicholls v. Mayor and School Committee of Lynn, Mass., 7 N.E.2d 577, 110 A.L.R. 37......
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State v. Lundquist
...(three judge Dist.Ct.); Hering v. State Board of Education, 303 U.S. 624, 58 S.Ct. 752, 82 L.Ed. 1087 (1938) dismissing appeal from 118 N.J.L. 566, 194 A. 177, aff'g per curiam 117 N.J.L. 455, 189 A. 629 (1937); Leoles v. Landers, 302 U.S. 656, 58 S.Ct. 364, 82 L.Ed. 507 dismissing appeal f......
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Taylor v. State
...from 184 Ga. 580, 192 S.E. 218; Hering v. State Bd. of Ed., 303 U.S. 624, 58 S.Ct. 752, 82 L.Ed. 1087, dismissing appeal from 118 N.J.L. 566, 194 A. 177; Gabrielli v. Knickerbocker, 12 Cal. 2d 85, 82 391; and Nicholls v. Mayor and School Committee of Lynn, 297 Mass. 65, 7 N.E.2d 577, 110 A.......
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Gobitis v. Minersville School Dist.
...a number of courts have reached a contrary conclusion. Hering v. State Board of Education, 117 N.J.L. 455, 189 A. 629, affirmed 118 N.J.L. 566, 194 A. 177; Leoles v. Landers (Ga.Sup.) 192 S. E. 218; Nicholls v. Mayor and School Committee of Lynn (Mass.) 7 N.E.2d 577, 110 A.L.R. 377. In each......