Commonwealth Ex Rel. Meredith v. Whitt

Opinion op the Court by

Judge Fulton

— Affirming.

The action culminating in this appeal and another action hereinafter mentioned arose like phoenixes from the ashes of a former appeal to this Court, the opinion in which is reported in Marshall v. Whitt, 287 Ky. 290, 152 S. W. (2d) 945, 947.

Pursuant to the 1940 amendment, Acts 1940, c. 71, to _ Section 4399-24 of the Kentucky Statutes, the county board of education of Montgomery County divided the county into districts, some of which were noncontiguous in territory. Two hold over members of the board filed a declaratory judgment action against…