Commonwealth ex rel. Potter v. Meanor

Citations

• 167 Pa. 292
• 31 A. 552
• 1895 Pa. LEXIS 896

Syllabus

<p>School laws — Election of directors — Vacancy—Quo warranto.</p> <p>Relator and respondent had an equal number of votes at an.election for school directors. They appeared at the next regular meeting of the board of directors, but the respondent refused to pai'ticipate in the drawing, prescribed by the act of April 11, 1862, P. L. 471. The relator again appeared at the reorganized board at its next meeting for the purpose of having his right to a seat in it determined, but the board declined to act and declared a vacancy in the office, and elected respondent to fill it. Held, in quo warranto proceedings, that respondent had no title to the office.</p> <p>It was the duty of the reorganized board to comply with the relator’s request, and determine his rights to a seat therein, and neither its refusal, nor the neglect of the board before the change of membership in it, nor the act of May 8, 1854, P. L. 619, authorized the appointment of the respondent.</p>