Opinion
No. 40541.
March 10, 1931.
APPEAL AND ERROR: Dismissal — Dismissal When Question Moot. An appeal from an order refusing to compel the public authorities to admit a child into the public schools (owing to certain health regulations) will be dismissed on a showing that the child has, prior to the taking of the appeal, been admitted to the school.
Appeal from Keokuk District Court. — D.W. HAMILTON, Judge.
Suit in mandamus, by Beulah May Saner, by William C. Saner, her father and next friend, against a school board, the superintendent, and the principal of schools, and the town board of health, to compel the admission of Beulah to the public schools. Decree for defendants. Plaintiff appeals. — Appeal dismissed.
H.W. Hanson, for appellant.
Shaw Yoder, for interveners, appellees.
Shaw Yoder and Edwin Willcockson, for defendants, appellees.
On February 10, 1930, defendant superintendent of schools signed a paper reading: "By order of the board of health, Beulah Saner was dismissed from school until a certificate of vaccination is presented." The same day, this suit was commenced. On February 14, 1930, the cause was tried, and decree dismissing the petition entered. On February 20, 1930, plaintiff, on presentation of certificate showing that she had previously had small pox and been released from quarantine in another city, was readmitted as a pupil. She has been a regular attendant at school ever since. On February 24, 1930, plaintiff took this appeal, which appellees now move to dismiss. The question whether or not plaintiff was legally denied the right to attend school until certificate of vaccination was presented is moot. Baehne v. Independent Sch. Dist., 201 Iowa 625. The appeal is, therefore, dismissed. — Dismissed.
FAVILLE, C.J., and EVANS, KINDIG, and GRIMM, JJ., concur.