278 P. 1065 (Kan. 1929), 28,717, Nutt v. The Board of Education of The City of Goodland

CourtUnited States State Supreme Court of Kansas
Writing for the CourtHOPKINS, J.:
JudgeHopkins, J. Hopkins, J., Marshall, Hutchison, JJ., dissenting.
Citation128 Kan. 507,278 P. 1065
Date06 July 1929
Docket Number28,717
PartiesMRS. J. A. NUTT, Plaintiff, v. THE BOARD OF EDUCATION OF THE CITY OF GOODLAND, J. C. MCARTHUR, as Superintendent of the Sherman County Community High School, consisting of A. C. GULICK, President, et al., Defendants

Page 1065

278 P. 1065 (Kan. 1929)

128 Kan. 507

MRS. J. A. NUTT, Plaintiff,

v.

THE BOARD OF EDUCATION OF THE CITY OF GOODLAND, J. C. MCARTHUR, as Superintendent of the Sherman County Community High School, consisting of A. C. GULICK, President, et al., Defendants

No. 28,717

Supreme Court of Kansas

July 6, 1929

Decided July, 1929.

Original proceeding in mandamus.

Writ allowed.

SYLLABUS

SYLLABUS BY THE COURT.

1. SCHOOLS -- Pupils -- Conduct Justifying Exclusion. A child of school age should not be excluded from school unless it is clear that its conduct or moral character is such as to warrant exclusion in the public interest.

2. SAME--Evidence. The facts considered in connection with the exclusion of a pupil of school age from a community high school, and held insufficient to warrant such exclusion.

Charles G. Dockhorn, of Goodland, and Hugh C. Larimer, of Topeka, for the plaintiff.

Elmer E. Euwer, of Goodland, for the defendants.

Hopkins, J. Hopkins, J., Marshall, Hutchison, JJ., dissenting.

OPINION

HOPKINS, J.:

This is an original proceeding in mandamus to compel the board of education

Page 1066

of the city of Goodland to admit the plaintiff's daughter, Dorothy Nutt Mitchell, to the Sherman county community high school as a pupil.

The case is submitted upon an agreed statement of facts, together with affidavits, wherein it is stated, among other things, that the Sherman county community high school is open to all pupils of the city of Goodland and the county of Sherman and has met with the requirements of the board of education, its governing body; that the plaintiff's daughter, Dorothy Nutt Mitchell, was enrolled in such high school in the year 1927-1928 under the classification of a sophomore; that she completed the first semester and was promoted to the second semester, at which time she left school; that she again enrolled for the school year of 1928-1929 under the name of Dorothy Nutt; that shortly after her enrollment in the fall of 1928 she was informed that she would not be allowed to attend school any longer because she was a married woman; that she was allowed to return to school for one day, at which time there was a meeting of the board of education which decided and declared [128 Kan. 508] that she would not be permitted to return to the school; that Dorothy Nutt, the minor daughter of the plaintiff, was married February 29, 1928, to one Oliver Mitchell and that on August 9, 1928, a child was born to the said Dorothy Nutt Mitchell; that there are other married women enrolled in such high school.

Affidavits filed for the defendant school board in addition show that Dorothy lived with her husband a short time only; that the child was not prematurely born; that after separation from her husband she attended school at Edson; that she associated with other men several times each week during her attendance there, although married; that she persuaded another girl sixteen years of age to accompany her to a public dance.

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12 practice notes
  • 553 P.2d 496 (Okla. 1976), 48253, Independent School Dist. No. 8 of Seiling, Dewey County v. Swanson
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 1 Junio 1976
    ...Otherwise the loss of an education could result from failure to conform to a purely arbitrary standard. In Nutt v. Board of Education, 128 Kan. 507, 278 P. 1065 (1929), the Supreme Court of Kansas held against a school board's attempt Page 502 to deny admission to a girl because she was mar......
  • 505 P.2d 939 (Or.App. 1973), Neuhaus v. Federico
    • United States
    • Oregon Court of Appeals of Oregon
    • 2 Febrero 1973
    ...in such a manner that could effectively destroy the students' statutory right to attend public schools. See, Nutt v. Board of Education, 128 Kan. 507, 509, 278 P. 1065, 1066 (1929): 'The public schools are for the benefit of children within school age, and efficiency ought to be the sole ob......
  • 103 N.W.2d 569 (Mich. 1960), 23, Cochrane v. Board of Ed. of Mesick Consol. School Dist.
    • United States
    • Michigan Supreme Court of Michigan
    • 7 Junio 1960
    ...pupils, and punishable to the same extent for a breach of such rules.' In Nutt v. Board of Education of the City of Goodland, 1929, 128 Kan. 507, 278 P. 1065, a writ of mandamus was granted against a board of education compelling it to admit the plaintiff's daughter to the public high schoo......
  • 8 Pa. D. & C.4th 48 (Pa.Com.pl. 1990), 3785, King v. Hempfield Sch. Dist.
    • United States
    • 17 Septiembre 1990
    ...Utah 2d 227, 381 P.2d 718 (1963); cf. Cochrane v. Board of Educ., 360 Mich. 390, 103 N.W.2d 569 (1960). But see, Nutt v. Board of Educ., 128 Kan. 507, 278 P. 1065 (1929); Board of Educ. v. Bentley, 383 S.W.2d 677 (Ky. Ct. App. 1964); McLeon v. State ex rel. Colmer, 154 Miss. 468, 122 So. 73......
  • Request a trial to view additional results
9 cases
  • 553 P.2d 496 (Okla. 1976), 48253, Independent School Dist. No. 8 of Seiling, Dewey County v. Swanson
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 1 Junio 1976
    ...Otherwise the loss of an education could result from failure to conform to a purely arbitrary standard. In Nutt v. Board of Education, 128 Kan. 507, 278 P. 1065 (1929), the Supreme Court of Kansas held against a school board's attempt Page 502 to deny admission to a girl because she was mar......
  • 505 P.2d 939 (Or.App. 1973), Neuhaus v. Federico
    • United States
    • Oregon Court of Appeals of Oregon
    • 2 Febrero 1973
    ...in such a manner that could effectively destroy the students' statutory right to attend public schools. See, Nutt v. Board of Education, 128 Kan. 507, 509, 278 P. 1065, 1066 (1929): 'The public schools are for the benefit of children within school age, and efficiency ought to be the sole ob......
  • 103 N.W.2d 569 (Mich. 1960), 23, Cochrane v. Board of Ed. of Mesick Consol. School Dist.
    • United States
    • Michigan Supreme Court of Michigan
    • 7 Junio 1960
    ...pupils, and punishable to the same extent for a breach of such rules.' In Nutt v. Board of Education of the City of Goodland, 1929, 128 Kan. 507, 278 P. 1065, a writ of mandamus was granted against a board of education compelling it to admit the plaintiff's daughter to the public high schoo......
  • 8 Pa. D. & C.4th 48 (Pa.Com.pl. 1990), 3785, King v. Hempfield Sch. Dist.
    • United States
    • 17 Septiembre 1990
    ...Utah 2d 227, 381 P.2d 718 (1963); cf. Cochrane v. Board of Educ., 360 Mich. 390, 103 N.W.2d 569 (1960). But see, Nutt v. Board of Educ., 128 Kan. 507, 278 P. 1065 (1929); Board of Educ. v. Bentley, 383 S.W.2d 677 (Ky. Ct. App. 1964); McLeon v. State ex rel. Colmer, 154 Miss. 468, 122 So. 73......
  • Request a trial to view additional results

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