Chambersburg Borough School District v. Hamilton Township School District
Supreme Court of Pennsylvania
Appeal, No. 57, Jan. T., 1909, by plaintiffs, from decree of C. P. Franklin Co., Equity Vol. 3, page 98, dismissing bill in equity in case of Chambersburg Borough School District and Whitfield C. Bishop v. Hamilton Township School District and John W. Bossart. Bill in equity to cancel a deed. Gillan, P. J., stated the case to be as follows: The township of Hamilton comprises one school district; it adjoins the borough of Chambersburg.
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Appeal, No. 57, Jan. T., 1909, by plaintiffs, from decree of C. P. Franklin Co., Equity Vol. 3, page 98, dismissing bill in equity in case of Chambersburg Borough School District and Whitfield C. Bishop v. Hamilton Township School District and John W. Bossart. Bill in equity to cancel a deed. Gillan, P. J., stated the case to be as follows: The township of Hamilton comprises one school district; it adjoins the borough of Chambersburg. In recent years the portion of the township adjoining the borough has very materially increased in population. It became necessary for the school directors to…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
At the time of the filing of this bill Bishop was a resident of the borough of Chambersburg, and not of the township of Hamilton. His status as a taxpayer for the purpose of giving him standing in this proceeding is fixed as of the date when it was instituted. He is joined as a taxpayer for the purpose no doubt of having this treated as a taxpayer’s bill. But why a taxpayer’s bill when the borough school district not only has the right to act for itself but in point of fact is doing so? The school district of the borough is clothed with authority to bring suit and…
2Cited by2 opinions
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