Legal Opinion

Commonwealth v. Beamish

Supreme Court of Pennsylvania

Decided May 8, 1876PublishedCited by 13 opinions

Certiorari to the Court of Quarter Sessions of Luzerne county: No. 20, of July Term 1875; at the instance of the Commonwealth.

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Certiorari to the Court of Quarter Sessions of Luzerne county: No. 20, of July Term 1875; at the instance of the Commonwealth. The following indictment was found in the Court of Quarter Sessions for the county of Luzerne, at April sessions 1875:— “ The grand inquest, &c., * * * * * do present: That F. A. Beamish, yeoman, of said county, on the thirty-first day of May, A. D. eighteen hundred and seventy-three, at, &c. * * * * being a director of the fourth school district of the said city of Scranton, a body corporate then and there duly and legally organized and existing, under and by virtue…

1Opinion of the CourtJustice Merour

It is very evident that this indictment was designed to be framed under the 118th section of the Act of 31st of March 1860, 1 Purd. Dig. 349, pi. 171. It was a mistake, however, to assume a school district to be such a corporation as is indicated in that section. The Act of Assembly has conferred on the several school districts certain capacities as bodies corporate ; such as to sue and *391be sued ; to purchase and hold such real and personal property as may be necessary for the establishment and support of its schools, and to sell the same when no longer necessary for those purposes; and…

2Cases cited1 opinion

  1. State v. FlyeSupreme Judicial Court of Maine · 1846

3Cited by13 opinions

  1. City of Tyler v. Texas Employers' Ins. Ass'nTexas Commission of Appeals · 1926
  2. Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
  3. Brown EstateSupreme Court of Pennsylvania · 1962
  4. Commonwealth v. KaySuperior Court of Pennsylvania · 1900
  5. City of Dallas v. HalfordCourt of Appeals of Texas · 1919

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