City of Mineral Point v. Davis

The result below holding that the complaint did not state a cause of action was arrived at on the theory that ch. 371, Laws of 1945, did not or could not control the amount to be charged for the school period here involved. The question thus presented is, “Did ch. 371, Laws of 1945, apply to nonresident tuition for the 1944 — 1945 school year?” The sufficiency of the complaint depends primarily upon the application of that chapter to that school year and likewise the sufficiency of the answer is to be determined thereby.

Sec. 40.47 (5), Stats., before amended in 1945 limited the amount of the…