School District No. R-6 v. Board of County Commissioners

The opinion of the court was delivered by

Schroeder, J.:

This is an action by a School District in the state of Nebraska to recover money against the Board of County Commissioners of Smith County, Kansas, for the tuition of four students from Smith County who attended its high school in the school year 1964-1965.

The trial court determined the matter on a motion for summary judgment in favor of the defendant and appeal has been duly perfected.

The primary question presented is whether there has been a sufficient compliance with K. S. A. 72-5707 (since repealed) to authorize recovery for tuition.

Br…