Commonwealth ex rel. Heisey v. Risser

Citations

• 3 Pa. Super. 196
• 1896 Pa. Super. LEXIS 128

Syllabus

<p>School law — Mandamus to oust a teacher — Discretion of court below.</p> <p>Where the position of teacher in the public schools is actually occupied and the court below has refused to award a mandamus to induct into the place a relator who claims to have been legally appointed thereto, the appellate court would hesitate, were no other obstacles in the way, to say that the court below did not exercise a wise discretion in refusing the writ.</p> <p>And where the relator does not show a clear legal right to the position, into which he asks the court to compel the boai'd to admit him, the omission is fatal.</p> <p>Statutes — Requirements, when directory and when mandatory — School law — Appointment of teachers — Act of April 11, 1862.</p> <p>Where the directions of a statute are given with a view to the proper, orderly and prompt conduct of business merely, the provisions may be regarded as directory, but where the fair interpretation of a statute, which directs acts or proceedings in a certain way, shows that the -legislature intended compliance with such provision to be essential to the validity of the act or proceeding, the statute must be regarded as mandatory. Of this latter nature is the act of April 11, 1862, P. L. 472, and its requirements regarding the appointment of teachers must be strictly complied with.</p>