Roth v. Marshall
Supreme Court of Pennsylvania
Appeal, No. 244, Oct. T., 1893, by' plaintiff, John M. Roth, from decree of C. P. Butler Co., dismissing bill in equity against John Marshall et al., school directors. Bill to restrain change of location of sehoolhouse.
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Appeal, No. 244, Oct. T., 1893, by' plaintiff, John M. Roth, from decree of C. P. Butler Co., dismissing bill in equity against John Marshall et al., school directors. Bill to restrain change of location of sehoolhouse. The bill averred in substance that the school directors of Muddy Creek school district are about to change the location of sehoolhouse No. 2 from its present site to a location about one half mile west of the present site, and very far west of the geographical and populated centre of said school district. That the school directors were making a change of school location…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The subject of controversy in this case is the location of a district schoolhouse. Reduced to its simplest terms the question raised is whether the exercise of official discretion of a board of school directors shall be supervised and directed by a court of equity. If so, the selection of teachers and text books, the fixing of the rate for the levy of school and building taxes, the arrangement of the course of study, together with other similar duties, will be hereafter done subject to the opinion of the courts. The administration of the school laws will in that…
2Cases cited4 opinions
- Schlaudecker v. MarshallSupreme Court of Pennsylvania · 1873
- Dechert v. Commonwealth ex rel. SmartSupreme Court of Pennsylvania · 1886
- Runkle v. Commonwealth ex rel. KeppelmanSupreme Court of Pennsylvania · 1881
- School Directors of Bedford Borough v. AndersonSupreme Court of Pennsylvania · 1863
3Cited by21 opinions
- Downing v. Erie City School DistrictSupreme Court of Pennsylvania · 1948
- Stone v. FrittsIndiana Supreme Court · 1907
- Campbell v. Bellevue Borough School DistrictSupreme Court of Pennsylvania · 1937
- Sheets v. ArmstrongSupreme Court of Pennsylvania · 1932
- Howell v. HowellSupreme Court of North Carolina · 1909
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