Commonwealth v. Scutt

Citations

• 262 Pa. 154
• 105 A. 59
• 1918 Pa. LEXIS 610

Syllabus

<p>Mandamus — School directors — Improper removal from office— Reinstatement.</p> <p>1. On a petition for a writ of peremptory mandamus to compel school directors to reinstate a member of the board whom they had unlawfully removed from office on the alleged ground that the petitioner had failed to attend three successive regular meetings of the board, where it clearly appeared that one of the meetings, which respondents alleged plaintifE failed to attend, had not taken place, and that another of such meetings was not a regular meeting, and that the motive of respondents in removing plaintifE was to create a vacancy in the board which they immediately after attempted to fill by electing a former member, the court committed no error in granting the relief prayed for.</p> <p>2. In such case, where plaintiff’s right to reinstatement was clear from the evidence and from findings in a former equity suit on the same cause of action in the same court which was dismissed on the ground that plaintiff had an adequate remedy at law, the court properly awarded a mandamus in the peremptory rather than in the alternative form.</p>