Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 48

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...of the court was requested to declare the right of admission of said negro children into the school for white children, and to compel the appellants to admit them. An alternate writ was issued against the appellants, requiring them to admit such children into the school in said district for white children or appear and show cause why they should not so admit such children. The appellants appeared and filed separate demurrers to the complaint, upon the ground that it did not state facts suflicient to constitute a cause of action, but the demurrers were'overruled; and the appellants refusing to plead further, but elect ing to stand by their exceptions to the rulings of the court, the court gave judgment for a peremptory writ of mandate. The appellants appealed to the general term, where the judgment of the special term was aflirmed. The error assigned is, that the superior court, in general term, erred in aflirming the judgment of the court in special term. The question presented for our decision is, whether the court below erred in overruling the demurrer to the complaint, the correct solution of which will depend upon the proper construction to be placed upon the constitution and statutes of this State and the Constitution of the United States; and as preliminary to the consideration of the grave constitutional questions arising in the record, we proceed to inquire what provisions the legislature has made for the education of the white and colored children of the State. The act of March 6th, 1865, provided for the annual assessment and collection of a tax on the property, real and personal, in the State (except that owned by negroes and mulattoes), for supporting a general system of common schools in the State. It provided for the...
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Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • English
  • Illustrations, black and white
  • 1236959663
  • 9781236959669