Barbour v. State Board of Education

HONORABLE LYMAN H. BENNETT, District Judge,

sitting in place of MR. JUSTICE FORD, disqualified, delivered the opinion of the court.

This case is before us on an appeal by the plaintiff in the court below, Philip R. Barbour, from a judgment of dismissal entered by the district court in favor of the defendants, State Board of Education and its constituent members, that court having sustained a general demurrer to the complaint, and plaintiff having elected to stand upon the complaint.

The controversy arose out of the action of the State Board of Education setting in motion proceedings to erect…