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Legal Opinion

Minsinger v. Rau

Supreme Court of Pennsylvania

Decided May 6, 1912No. Appeal, No. 12PublishedCited by 57 opinions

Appeal, No. 12, Oct. T., 1912, by defendants, from decree of O. P. No. 3, Allegheny Co., Aug. T., 1911, No. 222, awarding injunction in case of Jacob Minsinger v. Leonard Rau, et al., Constituting the Board of School Directors of Mt. Washington Sub-School District. Bill in equity for an injunction. The case turned upon the constitutionality of the Act of May 18, 1911, P. L. 309. The court overruled the demurrer filed to the bill and granted an injunction.

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Appeal, No. 12, Oct. T., 1912, by defendants, from decree of O. P. No. 3, Allegheny Co., Aug. T., 1911, No. 222, awarding injunction in case of Jacob Minsinger v. Leonard Rau, et al., Constituting the Board of School Directors of Mt. Washington Sub-School District. Bill in equity for an injunction. The case turned upon the constitutionality of the Act of May 18, 1911, P. L. 309. The court overruled the demurrer filed to the bill and granted an injunction. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Mosci-izisker,

The plaintiff averred in his bill, filed June 3, 1911, that he was a citizen and resident of Allegheny county; that the defendants were directors of Mt. Washington Sub-School District, Pittsburgh, in which he owned real estate and paid taxes; that these defendants (elected under the old law) were about to expend $6,500 in the purchase of a site for a new school building; that they were expressly prohibited from so doing by the recent School Code; and prayed for an injunction. The defendants demurred upon several grounds all of which attacked the…

2Cases cited13 opinions

  1. Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
  2. Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
  3. Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
  4. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  5. Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888

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3Cited by57 opinions

  1. Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
  2. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  3. Dickinson v. PorterSupreme Court of Iowa · 1948
  4. Evans v. West Norriton Township Municipal AuthoritySupreme Court of Pennsylvania · 1952
  5. Commonwealth ex rel. Attorney General v. SnyderSupreme Court of Pennsylvania · 1924

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