School District No. 5 v. Community High School

The opinion of the court was delivered by

Allen, J.:

This was an action by school district No. 5 in Cherokee county against the community high school of Cherokee county for tuition of pupils from the community high-school district attending school district No. 5.

It was alleged in plaintiff's petition that school district No. 5 is located in Cherokee county, Kansas, outside the boundaries of the defendant community high-school district, and that there was maintained in the plaintiff school district an approved and accredited high school; that during the school year from September, 1935, until…