Legal Opinion · Concurrence

Old Forge School District's Indebtedness

Superior Court of Pennsylvania

Decided February 11, 1903No. Appeal, No. 58Published

Appeal, No. 58, Jan. T., 1903, by the Old Forge Borough School, from order of Q. S. Lackawanna County, Feb. T., 1901, No. 356, overruling exceptions to report of commissioner apportioning property of school districts. ' Tn re Apportionment of the Indebtedness of Old Forge School District. Exceptions to report of D. W. Thayer, Esq., commissioner.

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Appeal, No. 58, Jan. T., 1903, by the Old Forge Borough School, from order of Q. S. Lackawanna County, Feb. T., 1901, No. 356, overruling exceptions to report of commissioner apportioning property of school districts. ' Tn re Apportionment of the Indebtedness of Old Forge School District. Exceptions to report of D. W. Thayer, Esq., commissioner. Edwards, P. J., filed the following opinion : In May, 1899, by decree of the court of quarter sessions of Lackawanna county, the borough of Old Forge was created out of the greater portion of Old Forge township and school district of the same name.…

1ConcurrenceSmith, J.

Under the laws relating to common schools, every township and borough is a school district, without respect to area, population or wealth. When a borough is formed of part of a township, it thereupon becomes a separate district, while the residue of the township remains a district as before. The assignment of error here asks us to hold that this residue, when reduced to the proportions appearing in the present case, ceases to be a district. Such a conclusion, however, is wholly without statutory warrant. The law has no provision by which the summary abolition of an old district results from…

2Cases cited1 opinion

  1. In re Abington School DistrictSupreme Court of Pennsylvania · 1877

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