# People ex rel. Ulrich v. Board of Education

> The Superior Court of the City of New York and Buffalo · November 27, 1888 · 4 N.Y.S. 102

URL: https://www.frixlaw.com/law-library/cases/5543368

## Case

- **Full name:** People ex rel. Ulrich v. Board of Education
- **Court:** The Superior Court of the City of New York and Buffalo
- **Decided:** November 27, 1888
- **Citations:** 4 N.Y.S. 102; 1888 N.Y. Misc. LEXIS 1085
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Freedman
- **Judges:** Freedman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5543368

## Opinion text

Freedman, J.
The relator did not exhaust his remedy before applying for a writ of mandamus. If, as he claims, the principal of the grammar school *103 was guilty of a violation of a rule of the board of education, the relator should have appealed from the principal’s decision to the board of trustees, and from that board to the board of education. In People ex rel. Margaret McKenna v. Adeline G. Kelly, which involved the same point, Judge Bookstaver came to the same conclusion, and I entirely agree with him upon this point. The relator also failed to make out a ease to compel his readmission into the'primary department, for the uncontroverted facts show that he graduated out of it; that he ceased to be a member; and that there is at present no room to seat him.
The foregoing views render it unnecessary to pass upon the further objection that the present application is not made by a guardian ad litem. Application denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5543368. Public record. Not legal advice.