Com. v. School District
Supreme Court of Pennsylvania
Appeal, No. 308, Jan. T., 1912, by defendants, from order of C. P. Blair County, Oct. T., 1911, No. 148, awarding a writ of peremptory mandamus in case of Commonwealth of Pennsylvania, ex rel. Thomas Wehrle, Guardian of William Alexander, v. The School District of the City of Altoona, Michael Poet, President; W. F. Eberle, D. K. Howe, H. K. Earlenbaugh, M. H. Canan and Thomas Magee, Members of the Board of Directors of the Altoona School District.
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Appeal, No. 308, Jan. T., 1912, by defendants, from order of C. P. Blair County, Oct. T., 1911, No. 148, awarding a writ of peremptory mandamus in case of Commonwealth of Pennsylvania, ex rel. Thomas Wehrle, Guardian of William Alexander, v. The School District of the City of Altoona, Michael Poet, President; W. F. Eberle, D. K. Howe, H. K. Earlenbaugh, M. H. Canan and Thomas Magee, Members of the Board of Directors of the Altoona School District. Petition for writ of peremptory mandamus. Before Shull, P. J., specially presiding. The opinion of the Supreme Court states the facts. The court…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This proceeding was tried by a judge without a jury under the Act of April 22, 1874, P. L. 109, and resulted in the issuance of a mandamus to compel the admission of William Alexander, a boy of 13 years of age, to a certain public school in the City of Altoona; the school district has appealed.
Section 401 of the Act of May 18, 1911, P. L. 309 (School Code) provides: “That the board of directors in every school district......shall establish......a sufficient number of elementary public schools......; and may establish......and maintain the following additional…
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