Legal Opinion

Bender v. Streabich

Supreme Court of Pennsylvania

Decided July 15, 1897No. Appeal, No. 899PublishedCited by 12 opinions

Appeal, No. 899, Jan. T., 1896, by defendant, from decree of C. P. Lancaster Co., Equity Docket, No. 3, page 147, on bill in equity. Bill in equity to prevent the use of public school buildings for religious and lyceum purposes. Before Livingston, P. J. and Brubaker, J., sitting as chancellors.

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Appeal, No. 899, Jan. T., 1896, by defendant, from decree of C. P. Lancaster Co., Equity Docket, No. 3, page 147, on bill in equity. Bill in equity to prevent the use of public school buildings for religious and lyceum purposes. Before Livingston, P. J. and Brubaker, J., sitting as chancellors. The material averment of the bill was that the said board of school directors, defendants in this bill, for some time past have permitted certain of the schoolhouses of the district to be used for other than common school purposes, against the protest and objection of a large number of taxpayers of…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The bill in this case was filed to restrain the defendants, who are the members of a board of school directors, from permitting the use of the schoolhouses under their charge for sectarian religious meetings, and for the holding of public lyceums. The only question presented is whether school directors may permit or authorize the use of school buildings for other than school purposes. This question, in so far as it relates to their use for’ *253religious meetings, is fully answered by tbe decision in Hysong v. School District of Grallitzin Borough, 164 Pa. 629. The use…

2Cases cited1 opinion

  1. Hysong v. Gallitzin Borough School DistrictSupreme Court of Pennsylvania · 1894

3Cited by12 opinions

  1. Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
  2. Wiest v. Mt. Lebanon School DistrictSupreme Court of Pennsylvania · 1974
  3. Regan v. StoddardSupreme Court of Pennsylvania · 1949
  4. Springfield School District v. Department of EducationSupreme Court of Pennsylvania · 1979
  5. Beard v. Board of Education of North Summit School Dist.Utah Supreme Court · 1932

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