Appeal of School District of Lehman Township

Citations

• 240 Pa. 54
• 87 A. 299
• 1913 Pa. LEXIS 629

Syllabus

<p>School law — Act of May 18,1911, P. L. 809 — Independent school districts — Petition to establish — Premature filing — Amendments to pleadings.</p> <p>Where an independent school district was to go out of existence on the first Monday of July, 1911, under the provisions of the School Code of May 18, 1911, P. L. 309, it was premature to present a petition on June 17, 1911, to create an independent school district out of the same territory embraced in the old district, and this error was not cured by filing subsequent to the first Monday of July, 1911, another petition supplementary and amendatory to the first, for the purpose of correcting the description of the territory to be embraced in the new district. The rights of the parties were to be determined as of the date when the proceeding was instituted.</p>