Legal Opinion

Commonwealth ex rel. Fry v. Directors of Upper Swatara Township School District

Supreme Court of Pennsylvania

Decided November 12, 1894No. Appeals, Nos. 13 and 14PublishedCited by 7 opinions

Appeals, Nos. 13 and 14, May T., 1894, by defendants, from judgments of C. P. Dauphin Co., March T., 1894, Nos. 171 and 172, directing a peremptory mandamus. Mandamus to compel admission to public school.

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Appeals, Nos. 13 and 14, May T., 1894, by defendants, from judgments of C. P. Dauphin Co., March T., 1894, Nos. 171 and 172, directing a peremptory mandamus. Mandamus to compel admission to public school. Respondents filed an answer denying that the petitioners were residents of Upper Swatara School District and averring that petitioner, Ammon Frome, was a resident of Steelton, Pa., and that petitioner, John Fry, was a resident of Harrisburg, their parents, being residents of those places. Other facts appear by the opinion of the Supreme Court. The court below awarded a peremptory mandamus,…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

The controlling question in this case is whether the relator has a residence in Upper Swatara township which entitles him to admission to the common schools therein. He is a child, seven years old, and an inmate of the “ Children’s Industrial Association of Harrisburg, Pa.,” a corporation created on the 22d of March, 1877, under the act of April 29, 1874, P. L. 73, Purd. Digest, 12th ed., 405. It is a charitable institution sustained by state appropriations, membership dues, voluntary contributions, and a monthly payment of eight dollars by the directors of the…

2Cited by7 opinions

  1. Crain v. WalkerCourt of Appeals of Kentucky (pre-1976) · 1928
  2. I. O. O. F. v. Board of EducationWest Virginia Supreme Court · 1922
  3. Black v. GrahamSupreme Court of Pennsylvania · 1913
  4. Lake Farm v. District Board of School District No. 2Michigan Supreme Court · 1914
  5. Com. ex rel. Fye v. Burnside Township School District, Pennsylvania Court of Common Pleas, Centre County1926

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