Byers Rural High School District No. 2 v. Board of County Commissioners

The opinion of the court was delivered by

Marshall, J.:

The plaintiff commenced this action to recover tuition under the Barnes high-school law for pupils who had resided in Stafford county and who had attended the Byers rural high school in Pratt county. Judgment was rendered in favor of the defendant on a demurrer to the evidence of the plaintiff, who appeals.

There was evidence which tended to prove that both Stafford and Pratt counties were operating under the Barnes high-school law; that a number of pupils with high-school qualifications lived in Stafford county in a community where no high…