Mason v. Montgomery County Board of Education

Opinion op the Court by

Van Sant, Commissioner

—Dismissing Appeal.

The Montgomery county board of education divided the county into five school districts pursuant to the authority contained in Section 4399-24, Carroll’s Kentucky Statutes, 1941 Supplement. Upon the theory that the board had not formed the districts in accordance with law, two hold-over members of the board who were elected in the year 1938 filed a suit against the members elected in the year 1940, seeking a declaration of their rights in respect to the tenure of their offices. The opinion in that case was styled Marshall v. Whitt…