Commonwealth ex rel. Heisey v. Risser
Superior Court of Pennsylvania
Appeal, No. 23, March T., 1897, by relator, from decree of C. P. Lebanon Co., Sept. T., 1896, No. 153, quashing writ of alternative mandamus. Petition for writ of mandamus. Before Ehrgood, P. J. From the record it appears that a petition for a writ of alternative mandamus was filed; the writ issued and served and a motion to quash filed. The petition alleged that the relator was by profession a public school teacher duly licensed by the superintendent of public instruction.
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Appeal, No. 23, March T., 1897, by relator, from decree of C. P. Lebanon Co., Sept. T., 1896, No. 153, quashing writ of alternative mandamus. Petition for writ of mandamus. Before Ehrgood, P. J. From the record it appears that a petition for a writ of alternative mandamus was filed; the writ issued and served and a motion to quash filed. The petition alleged that the relator was by profession a public school teacher duly licensed by the superintendent of public instruction. That at a duly authorized meeting of the school directors of South Londonderry township on the 20th of June, 1896, the…
1Opinion of the Court
Opinion by
Rice, P. J.,
We are not required in this case to discuss or to decide the question whether mandamus will lie to compel a board of school directors to reinstate a teacher who has been unlawfully dismissed from the position to which he was lawfully appointed, or to admit him to such position in the first instance. The question before us is much narrower, and is, whether the board may be compelled to oust a teacher, who, under appointment by them, has entered upon the performance of the duties of the position, and give Iris place to one who has a prior contract with the board, but who…
2Cases cited5 opinions
- School District of Dennison Township v. PaddenSupreme Court of Pennsylvania · 1879
- Whitehead v. North H. Sch. D., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Dyberry School District v. MercerSupreme Court of Pennsylvania · 1887
- Tobin v. MorganSupreme Court of Pennsylvania · 1872
- Genesee Township Independent School District v. McDonaldSupreme Court of Pennsylvania · 1881
3Cited by5 opinions
- Homan v. MacKeySupreme Court of Pennsylvania · 1928
- McCandless v. Summit Township School DistrictSuperior Court of Pennsylvania · 1913
- Caffrey v. CaffreySuperior Court of Pennsylvania · 1905
- Burke v. Wilkes-Barre Township School DistrictSuperior Court of Pennsylvania · 1905
- In re Road in College TownshipCentre County Court of Quarter Sessions · 1930