Smith v. Board of Education

SWINFORD, District Judge.

This case is submitted to the court on plaintiff’s demurrer to the last six paragraphs of the defendant’s answer. In order that the court’s ruling on this demurrer can be better understood, a brief statement of the facts is necessary.

Ludlow, Ky., is a city of the fourth class. The statutory provisions for its school system, in so far as this case is concerned, are section 3587a-1 and succeeding sections under “Public Schools,” cities of the fourth class, Carroll’s Kentucky Statutes 1930 edition.

Section 3587a-2 provides as follows: “Powers and duties—-Every such board…