Asher v Huffman
Seven-year-old Bruce Asher was the son of Boyd and Hattie Asher. His parents wanted him to attend the school for whites in Leslie County, KY. He looked to be what was considered a white child, but Roy Huffman, the school principal, refused to let Bruce attend the school because, according to Huffman, Bruce was colored.
The Asher's sued Huffman, hoping that a mandatory injunction would allow Bruce to attend the school. It was determined by the Kentucky Court of Appeals that Bruce Asher was indeed a colored child because his maternal great-grandmother had been a Negro slave. The Kentucky Constitution, KRS 158.020 sec.187, was used to require that separate schools be maintained for white children and Negro children [children wholly or in part of Negro blood or having any appreciable admixture thereof, regardless of whether they show the racial characteristics of the Negro].
Judge Roy Helm of the lower court had ruled in favor of Huffman, and the Ashers appealed. The Appeals Court affirmed and adopted the lower court's decision, the injunction was refused, and Bruce Asher was not allowed to attend the school for white children.
For more see Asher et al v Huffman, Court of Appeals of Kentucky, 295 Ky. 312, 174 S.W. 2d 424, 1943 Ky; and KRS 158.020 - Separate schools for white and colored children. Repealed, 1966.