116 Ky. 484 | Ky. Ct. App. | 1903
Opinion of the court by
Reversing.
. The appellee, N. ly. Foster, a resident and taxpayer of 'the city of Winchester, brought this suit, praying that a writ of mandamus issue requiring the defendant, the Board of Education of the city of Winchester, to admit his coplaintiff, Gertrude N. Price, into the public schools of the city as a pupil without the payment of tuition fees which had been demanded of her by the defendant. In the original petition Gertrude 'N. Price united as a coplaintiff, and it is alleged, in substance, that she is a niece of N. K. Foster, and has for three years continuously resided with him as a member of his family; that the uncle, N. K. Foster, agreed with her parents, who reside in Virginia, to board, clothe, educate, and treat her as one of his own children so long 'as she continued a member of his family. In an amended petition it was alleged that the uncle had agreed with the niece that he would clothe, support, andl maintain her as a member of his family until she was twenty-one years of age, and as much longer as she desired; and the niece had agreed, with the Consent of her parents, to reside with him as a member of his family until she arrived at the age of twenty-one years; and that she now intended! to do so, or so long as the uncle continued to reside in the city. • The defendant filed a general demurrer to the petition as amended on the ground that it did not state facts sufficient to support a cause of action. The demurrer was overruled, and, declining to plead further, judgment was entered requiring the defendant to admit plaintiff Gertrude N. Price into the public schools of the city of Winchester as a pupil at the public expense without requiring the payment of tuition fees, and the defendant has appealed.
' The circuit judge erred in his construction of the statute, and the judgment is reversed, and cause remanded for proceedings consistent with this opinion.