Tobin v. Morgan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 186, to October and November Term 1871. This was an action of assumpsit commenced, May 21st 1868, by Maria Tobin against David Morgan. On the 22d of June 1864, the school board of Spring Hill township met; the minutes show that all the directors were present.
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Error to the Court of Common Pleas of Fayette county: No. 186, to October and November Term 1871. This was an action of assumpsit commenced, May 21st 1868, by Maria Tobin against David Morgan. On the 22d of June 1864, the school board of Spring Hill township met; the minutes show that all the directors were present. At that meeting they resolved to levy a tax of $9500 to pay bounty to fill the quota of the township under the late calls of the President of the United States for volunteers. It was stated on the minutes that the resolution “passed unanimously,” but the names of the members…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Sharswood, J.
The objection to the legality of the tax levied by the school directors of Spring Hill township, because in voting the tax, the names of the members voting both in the affirmative and negative were not entered on the minutes of the board by the secretary, in accordance with the fourth section of April 11th 1862, Pamph. L. 472, does not appear to have been made below, and being purely technical, is entitled to no favor here. Hourever, it is clear that the law was substantially, if not literally complied with. The minutes…
2Cited by9 opinions
- Potts v. Penn Township School DistrictSuperior Court of Pennsylvania · 1937
- McCandless v. Summit Township School DistrictSuperior Court of Pennsylvania · 1913
- Carns v. MatthewsSuperior Court of Pennsylvania · 1934
- Philadelphia v. Pennsylvania Co. for the Instruction of the BlindSupreme Court of Pennsylvania · 1906
- Burke v. Wilkes-Barre Township School DistrictSuperior Court of Pennsylvania · 1905
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