FILLMORE UNION HIGH SCHOOL DIST OF VENTURA COUNTY v. COBB (1935)

District Court of Appeal, Third District, California.

FILLMORE UNION HIGH SCHOOL DIST. OF VENTURA COUNTY et al. v. COBB.*

Civ. 5269.

Decided: May 04, 1935

Sheridan, Orr, Drapeau & Gardner, of Ventura, for appellant. Charles F. Blackstock, of Oxnard, and Fergus L. Fairbanks, of Fillmore, for respondents.

On petition for rehearing the opinion is modified by striking out the last two lines thereof as they appear in 43 P.(2d) 863, 867, to-wit, “The judgment is reversed, and the court is directed to render judgment in favor of the defendant,” and inserting in lieu thereof the following language:

“What has been previously said is not intended to give the superintendent of schools authority to determine rules or terms or fix tuition retroactively so as to affect pupils in their past attendance upon the school, but upon the contrary these rules and the apportionment of funds are to apply only to pupils who attend the school after the rules and terms are adopted and the apportionment made.

“The judgment is reversed and the court is directed to enter judgment in accordance with the foregoing opinion.”

With the above modification, the petition for rehearing is denied.

PER CURIAM.

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