Kingsley v. School Directors of Plum Township
Supreme Court of Pennsylvania
Error to the Common Pleas of Venango county. There being no bill of exceptions in this case, which was trespass vi et armis, the only error assigned, apparent on the record, was whether the action was rightfully brought by the plaintiff in error. The facts, as'they may be collected from an opinion of the court below, &c., will be found in the opinion of this court.
1Opinion of the CourtBurnside, J.
— The principal question assigned for error in this case is settled in Barnett v. The School Directors, 6 Watts & Serg. 46, where it was held that school directors should sue in their public capacity and not in their individual names.
They may maintain assumpsit, trespass, or any other action that is suitable to the injury they have sustained. The evidence is not returned with the record. From the charge of the judge, and the points made in the cause, we take it that the schoolhouse in question had been built by the citizens of the immediate neighbourhood by subscription. They elected three…
2Cases cited1 opinion
- Barnet v. School DirectorsSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Stewart's EstatePennsylvania Orphans' Court, Mercer County · 1943