Opinion

Boyce v. Board of Education of Mount Carmel Special School District

  • 76 Ohio St. (N.S.) 365
Court
Ohio Supreme Court
Filed
May 7, 1907
Status
Published
On the bench
Crew, Davis, Price, Shauck, Spear, Summers
Cited by
0 cases

The opinion

By the Court.

Notwithstanding a manifest, want of care to express with precision the purpose *368 of this legislation it is quite clear that the legislature did not contemplate any of the reasons assigned in the petition as- a sufficient cause for the transfer of attendance by children from the school in the district in which they reside to that of another district. It is equally clear from the language which the legislature has employed that the only purpose to be accomplished by the section is to relieve school children from the necessity of attending a school in their own district which is more than one mile and a half from their residence' if there is a nearer school in another district. Since the petition .admits that the school which is under the, control of the defendants is more remote from the residence of the relator than is the school of the district in which he resides, the circuit court correctly determined that the statute does not authorize the transfer.

Judgment affirmed.

Shauck, C. J., Price, Crew, Summers, Spear and Davis, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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