Commonwealth v. Gibbons
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1899, by defendants, from judgment of C. P. Schuylkill Co., Sept. T., 1899, No. 188, on mandamus, in case of Commonwealth ex rel. Michael O’Brien v. John .Gibbons, President, Thomas Hullihan, Secretary, John .Delany, Thomas Grace and .Patrick Hughes, Directors of the School District of Cass Township. Mandamus to prevent the exclusion of relator from school board. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 337, Jan. T., 1899, by defendants, from judgment of C. P. Schuylkill Co., Sept. T., 1899, No. 188, on mandamus, in case of Commonwealth ex rel. Michael O’Brien v. John .Gibbons, President, Thomas Hullihan, Secretary, John .Delany, Thomas Grace and .Patrick Hughes, Directors of the School District of Cass Township. Mandamus to prevent the exclusion of relator from school board. The facts are stated in the opinion of the Supreme Court. The court granted a peremptory mandamus. Error assigned was the order of the court. Quo warranto is the proper remedy: Gilroy’s App., 100 Pa. 5; Com.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The Act of May 8, 1854, P. L. 618, sec. 8, provides that “if any person having taken upon himself the duties of his office as (school) director, shall neglect to attend any two regular meetings of the board in succession unless detained by sickness or prevented by absence from the district; . . . . the directors *99present shall have power to declare his seat on the board vacant, and to appoint another in his stead to serve until the next regular election.”
■ What shall be deemed a regular meeting is defined by the Act of April 11,1862, P. L. 471, which provides…
2Cases cited3 opinions
- Zulich v. BowmanSupreme Court of Pennsylvania · 1862
- Genesee Township Independent School District v. McDonaldSupreme Court of Pennsylvania · 1881
- Keating v. JordanSupreme Court of Pennsylvania · 1897
3Cited by23 opinions
- Patten v. MillerSupreme Court of Georgia · 1940
- State Ex Rel. Comstock v. HempsteadSupreme Court of Connecticut · 1910
- Commonwealth Ex Rel. Davis v. BlumeSupreme Court of Pennsylvania · 1932
- Cornman v. PhiladelphiaSupreme Court of Pennsylvania · 1955
- Commonwealth, Ex Rel. Park v. KaisermanSupreme Court of Pennsylvania · 1938
18 more not listed; retrieve them via the Exa API.