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(Download) "Kimminau v. Common School District" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

Kimminau v. Common School District

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eBook details

  • Title: Kimminau v. Common School District
  • Author : Supreme Court of Kansas
  • Release Date : January 10, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

The opinion of the court was delivered by 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 overruled. Later defendant filed a motion for judgment on the pleadings which was likewise overruled. The court thereafter set aside its former ruling on the demurrer and sustained plaintiffs' demurrer to defendant's answer on the ground the budget or cash-basis law did not constitute a defense to plaintiffs' claim. Defendant has appealed from the order overruling its motion for judgment on the pleadings. Plaintiffs have cross-appealed from the order treating defendant's motion for judgment on the pleadings as a demurrer and contend the court should have rendered judgment in their favor on defendant's motion for judgment on the pleadings.


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