Legal Opinion

School District of Borough v. School District

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 150PublishedCited by 8 opinions

Appeal, No. 150, April T., 1921, by defendant, from judgment of C. P. Allegheny County, July T., 1920, No. 386, on case stated in the suit of School District of the Borough of Ben Avon v. School District of Pittsburgh. Case-stated to determine liability for cost of tuition of indigent children.

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Appeal, No. 150, April T., 1921, by defendant, from judgment of C. P. Allegheny County, July T., 1920, No. 386, on case stated in the suit of School District of the Borough of Ben Avon v. School District of Pittsburgh. Case-stated to determine liability for cost of tuition of indigent children. Before Swearingen, J. From the record it appeared that Frank J. Schultz, his wife and three minor children prior to December 11, 1910, resided at 116 Vermont Street, Pittsburgh, Pa,, at which place the said Frank J. Schultz maintained his domicile. On December 11, 1916, the said Frank J. Schultz died…

1Opinion of the Court

Opinion by

Keller, J.,

This appeal is from the judgment of the court below on a case stated. It has to do with the construction of the School Code (Act of May 18, 1911, P. L. 309), and especially with sections 1401,1402 and 1412 (as amended by the Act of May 6,1913, P. L. 192).

These sections are as follows: “Section 1401. Every child, being a resident of any school district in this Commonwealth, between the ages of six and twenty-one years, may attend the public schools in his district, subject to the provisions of this act.”

“Section 1402. A child shall be considered a resident of the school…

2Cases cited3 opinions

  1. Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888
  2. Raymond v. LeishmanSupreme Court of Pennsylvania · 1914
  3. Gettysburg School District v. Cumberland Township School DistrictSuperior Court of Pennsylvania · 1912

3Cited by8 opinions

  1. Harris v. Board of Public Education of the School DistrictSupreme Court of Pennsylvania · 1932
  2. School Township of Seventy-Six of Muscatine County v. NicholsonSupreme Court of Iowa · 1939
  3. Salem Independent School District v. KielSupreme Court of Iowa · 1928
  4. Cline v. KnightSupreme Court of Colorado · 1943
  5. Com. ex rel. Fye v. Burnside Township School District, Pennsylvania Court of Common Pleas, Centre County1926

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