Norristown Borough School District v. Upper Merion Township School District
Superior Court of Pennsylvania
Appeal, No. 168, Oct. T., 1911, by plaintiff, from judgment of C. P. Montgomery Co., June T., 1911, No. 35, for plaintiff on case stated in case of Norristown Borough School District v. Upper Merion Township School District. Case stated to determine the liability of one school district to another for tuition of pupils in a high school. Swartz, P. J., and Weand, J., filed the following opinion: No public high school is maintained in the township of Upper Merion.
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Appeal, No. 168, Oct. T., 1911, by plaintiff, from judgment of C. P. Montgomery Co., June T., 1911, No. 35, for plaintiff on case stated in case of Norristown Borough School District v. Upper Merion Township School District. Case stated to determine the liability of one school district to another for tuition of pupils in a high school. Swartz, P. J., and Weand, J., filed the following opinion: No public high school is maintained in the township of Upper Merion. After obtaining the consent of the directors of the Norristown district, thirteen pupils residing in the Upper Merion district…
1Opinion of the Court
Per Curiam,
This case arose out of a claim of the- plaintiff district for the cost of tuition and school books of pupils of the defendant district who attended the high school of the plaintiff district. The questions involved in this appeal are whether the construction given by the learned judges of the court from whose judgment the appeal comes, of the words “cost of tuition” in the Act of May 23, 1907, P. L. 202, is correct; second, whether that construction renders the act unconstitutional. The first question is not free from difficulty, and the judges of this court who heard the case are…
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