Legal Opinion

Smith v. Pittsburgh School District

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 100PublishedCited by 1 opinion

Appeal, No. 100, April T., 1918, by plaintiffs, from order of C. P. Allegheny Go., July T., 1917, No. 184, refusing to allow an appeal from judgment of the County Court in case of Andrew G. Smith and William H. Dodds v. Board of Public Education of the School District of Pittsburgh. Assumpsit for counsel fees. Rule to show cause why an appeal should not be allowed from judgment of County Court. Before Reid, J.' The opinion of the Superior Court states the case.

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Appeal, No. 100, April T., 1918, by plaintiffs, from order of C. P. Allegheny Go., July T., 1917, No. 184, refusing to allow an appeal from judgment of the County Court in case of Andrew G. Smith and William H. Dodds v. Board of Public Education of the School District of Pittsburgh. Assumpsit for counsel fees. Rule to show cause why an appeal should not be allowed from judgment of County Court. Before Reid, J.' The opinion of the Superior Court states the case. Error, assigned was order refusing to allow an appeal.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The appellants are reputable members of the bar of Allegheny County, who were employed by the board of school directors of Mount Washington sub-school district to test the constitutionality of an Act of Assembly of May 18,1911, P. L. 309, called the School Code, which by its terms terminated their office in November, 1911, when the code became operative and by which they were expressly forbidden to contract for any new property, (section 2811), that power being reserved to the directors *186to be selected in accordance with the code. A citizen and taxpayer of the county…

2Cases cited5 opinions

  1. Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
  2. Minsinger v. RauSupreme Court of Pennsylvania · 1912
  3. Arnold's EstateSupreme Court of Pennsylvania · 1916
  4. Bechtel v. FrySupreme Court of Pennsylvania · 1907
  5. Fry v. Berks CountySuperior Court of Pennsylvania · 1909

3Cited by1 opinion

  1. Evans v. BuchananDistrict Court, D. Delaware · 1979

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