Riecks v. Independent School District

Stevens, J.-

The most difficult problem presented upon this appeal is the interpretation of the record before us. A jury was waived and the cause tried to the court upon a stipulation of facts. It appears from such stipulation that appellee resides upon a farm something over two miles from the school located in the town of Dan-bury, and that he is the father of three children of school age. The rural school near which he resides was closed and the next nearest public school is the school maintained in the town of Danbury.

The answer admits all of the allegations of the petition, except it…