Legal Opinion

School District of Dennison Township v. Padden

Supreme Court of Pennsylvania

Decided May 7, 1879PublishedCited by 21 opinions

Error to the Court of Common Pleas of Luzerne county: Of July Term 1878, No. 17. • This was an action by Martin Padden against the School District of Dennison township, to recover the wages alleged to be due by said district to the minor daughter of plaintiff asa teacher. The action was originally brought before an alderman, who gave judgment for the plaintiff, when defendant appealed.

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Error to the Court of Common Pleas of Luzerne county: Of July Term 1878, No. 17. • This was an action by Martin Padden against the School District of Dennison township, to recover the wages alleged to be due by said district to the minor daughter of plaintiff asa teacher. The action was originally brought before an alderman, who gave judgment for the plaintiff, when defendant appealed. At the trial before Stanton, J., the plaintiff gave in evidence an agreement under seal between Rosa Padden, the daughter of plaintiff, and the President of the School Board, by the terms of which Miss Padden…

1Opinion of the CourtJustice Gordon

It is very certain that O’Dea, the president of the board of directors, had no power, merely by virtue of his office, to employ teachers. *397By the Act of April 11th 1862, teachers can only be selected by the school board, and so specific is this act, upon this subject, that it requires the names of the members voting, both in the affirmative and negative, to be recorded upon the minutes. This is the only manner in which teachers can be selected, and, from the very nature of things, this power cannot be delegátéd. Before effect could be given to the contract, exhibited by the plaintiff, it was…

2Cited by21 opinions

  1. Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
  2. Commonwealth v. Sunbury School DistrictSupreme Court of Pennsylvania · 1939
  3. Mullen v. DuBois Area School DistrictSupreme Court of Pennsylvania · 1969
  4. Potts v. Penn Township School DistrictSuperior Court of Pennsylvania · 1937
  5. Matevish v. Ramey Borough School DistrictSuperior Court of Pennsylvania · 1950

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