Armstead

A general demurrer to plaintiff’s complaint was interposed by defendants and it was sustained by the court below and plaintiff granted fifteen days within which to amend. Plaintiff declined to amend the complaint and following a judgment of dismissal has taken this appeal. The material allegations of the complaint filed in this action are as follows:

Both appellant and respondents agree that the questions before this court are:

In 1931, the sections of the School Code of the state of California particularly applicable to the case at bar were amended to read as follows:

The section of the School Code above quoted was the statutory outgrowth of section 1751, and section 1751 was the statutory outgrowth of section 1670 of the Political Code, paragraph 25, as said section appeared prior to the year 1909. We have little to assist us in the way of precedent from courts of the last resort. However, in Wood v. County of Calaveras, 164 Cal. 398, 403 [ 129 Pac. 283 ], and in Rice v. McClellan, 202 Cal. 650, 654 [ 262 Pac. 1092 ], we find the Supreme Court indicating its feeling that the legislature intended to say what it actually did say, and that attendance of high schools should be…