Kramm

The defendants constitute the hoard of education of the city of Stockton, and this action was brought to have it adjudged that plaintiff’s son, Frederick W. Kramm, aged eleven years, is entitled to the privileges and benefits of the public schools of said city, and to require the defendants to admit him thereto. Defendants demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, and, the plaintiff electing to stand upon his complaint, judgment was entered against him, and from that judgment he appeals.

An outline of the facts shown by the complaint may be briefly stated as follows: Prior to the reincorporation of the city of Stockton in 1870 there was a school district adjacent to the city, known as North school district. By the act of reincorporation a portion of said district was added to and became part of the city, the added territory including certain real estate, the property of said North school district. In 1872 an act was passed “to provide for the settlement of the value of school property in the several school districts that were adjacent to the city of Stockton, and which was, by act…