Legal Opinion

O'Donnell v. School D. of Cass Tp.

Pennsylvania Court of Common Pleas, Schuylkill County

Decided March 10, 1890No. 385PublishedCited by 8 opinions

No. 385 July Term 1889, Sup. Ct.; court below, No. 367 May Term 1883, C. P. On April 23, 1883, J. P. O’Donnell filed in the court below a transcript of a judgment for $275, recovered by him before a justice of the peace against the School District of Cass township.

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No. 385 July Term 1889, Sup. Ct.; court below, No. 367 May Term 1883, C. P. On April 23, 1883, J. P. O’Donnell filed in the court below a transcript of a judgment for $275, recovered by him before a justice of the peace against the School District of Cass township. On May 21, 1888, without any revival of this judgment having taken place, and without the issue of any writ of scire facias thereon, the court, on motion of the plaintiff’s attorney, unaccompanied by any petition or affidavit, made an order awarding “a mandate for payment of debt, interest and costs.” 1 8 Thereupon a writ reciting…

1Opinion of the Court

Opinion,

Mb. Justice Williams :

School districts are territorial subdivisions of the state for a single purpose. They have no legislative powers such as are possessed by cities and boroughs, but their single function is to carry into practical operation the common-school system of the state, by the erection of schoolhouses, the employment of teachers, and the levy and collection of school taxes. The powers of the officers are limited, are conferred by statute, and must be exercised in the manner prescribed by law. When a judgment is obtained against a school district, an execution cannot be…

2Cited by8 opinions

  1. Pittsburg v. Sterrett Subdistrict SchoolSupreme Court of Pennsylvania · 1903
  2. Schlosberg v. City of New CastleSuperior Court of Pennsylvania · 1930
  3. Arlington Seating Co. v. New Philadelphia School DistrictSupreme Court of Pennsylvania · 1934
  4. Bohan v. ReapSuperior Court of Pennsylvania · 1898
  5. School District v. SchnablySuperior Court of Pennsylvania · 1926

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