Commonwealth, ex rel. Wait v. Schumaker
Supreme Court of Pennsylvania
Appeal, No. 139,. Jan. T., 1916, by plaintiff, from order of C. P. Erie Co., Nov. T., 1915, No. 38, refusing mandamus, in case of Commonwealth of Pennsylvania, ex rel., J. Orin Wait, District Attorney for the County of Erie, v. E. C. Schumaker, F. W. Leube, C. C. Hayes, C. E. Bixler and George H. Hauck, School Directors of the School District of Fairview Borough.. Petition for mandamus. The opinion of the Supreme Court states the facts.
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Appeal, No. 139,. Jan. T., 1916, by plaintiff, from order of C. P. Erie Co., Nov. T., 1915, No. 38, refusing mandamus, in case of Commonwealth of Pennsylvania, ex rel., J. Orin Wait, District Attorney for the County of Erie, v. E. C. Schumaker, F. W. Leube, C. C. Hayes, C. E. Bixler and George H. Hauck, School Directors of the School District of Fairview Borough.. Petition for mandamus. The opinion of the Supreme Court states the facts. The court refused the petition for mandamus. Plaintiff appealed. Error assigned was in refusing the petition.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
By the Act of June 1,1915, P. L. 670, Section 1, the following was added to Section 1402 of the School Code (Act of May 18,1911, P. L. 309) : “Provided, that where any orphans’ home or other institution which furnishes free support for children of school age owns' contiguous real estate, which is situate in two or more school districts, all pupils having a residence on such real estate shall have the right (irrespective of where the dwelling house or other buildings may be located) to attend the public schools in any of the school districts in which any part of…
2Cases cited4 opinions
- Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
- Commonwealth v. CaseySupreme Court of Pennsylvania · 1911
- Paving, etc., of Wyoming StreetSupreme Court of Pennsylvania · 1891
- Chalmers v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
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- Philadelphia County v. SheehanSupreme Court of Pennsylvania · 1919
- In re Merger of Lower Turkeyfoot Township School District, Pennsylvania Court of Common Pleas, Somerset County1938
- Dufour v. MaizeSupreme Court of Pennsylvania · 1947