50 Ind. App. 178 | Ind. Ct. App. | 1911
— At the beginning of the school year of 1908, the School City of Jeffersonville admitted into its public schools 124 children of school age, residing in Jeffersonville township, outside of the city limits, some of whom were admitted to the high school and others to the grade schools. Certificates of transfer for 88 of the 324 children admitted were issued by the township trustee, and certificates of transfer for 36 were issued by the county superintendent. After the close of the school year in May, 1909, appellee made out and presented to the trustee of appellant statements, as required by law, showing a claim against appellant for tuition in the sum of $3,613.42. Demand for payment was made on the trustee and refused, and this action was brought to collect the amount shown to be due by the statements, together with the statutory penalty of ten per cent. On request the court made a special finding of facts and stated conclusions of law thereon, favorable to appellee.
The court found, in brief, that in the year 1908-9 there resided within Jeffersonville township a number of children
Other findings of the court show the number of children
It is found that there is due and unpaid from appellant to appellee the sum of $1,613.42, together with the statutory penalty of ten per cent — in all $1,774.76.
The court stated as its conclusions of law that appellant is indebted to appellee in the sum of $1,774.76, and that appellee is entitled to recover said amount from appellant, together with costs. Motion for a new trial was overruled, and judgment rendered on the conclusions of law. Motion to modify the judgment, by reducing the same in the amount of the penalty added, was overruled.
The judgment is affirmed.
Note. — Reported In 96 N. E. 662. See, also, under (1) 2 Cyc. 1014; (4) 1913 Cyc. Ann. 222; (5) 29 Cyc. 957; (6) 3 Cyc. 443.