Kimminau v. Common School District No. 1

The opinion of the court was delivered by

Wedell, J.:

This was an action by parents against Common School District No. 1 (also known as Consolidated School District No. 1) in Kingman county, to recover the cost of transporting their children, elementary and primary pupils, to and from the defendant school. Judgment was for plaintiffs and defendant appeals.

The pleadings involved a petition, answer and reply. Plaintiffs had demurred to defendant’s answer which, among other things, challenged the budget and cash-basis law as constituting a defense to their claim. The demurrer was originally…