Gilliford v. Allegheny City School District

Citations

• 165 Pa. 631
• 30 A. 1051
• 1895 Pa. LEXIS 1057

Syllabus

<p>School law—Deposit of school fund in bank—Discretion of directors in Allegheny county—Act of April 16, 1870.</p> <p>Under the act of April 16, 1870, P. L. 1219, which requires the board of controllers of the school district of Allegheny city to deposit all school funds under their control in a bank to be selected by them “ for the highest rate of interest they can obtain on current daily balances of such deposits,” the controllers cannot, in the exercise of their discretion, refuse to deposit money in a bank of good standing which offers to pay interest on deposits, and give the deposits to a bank which refuses to pay interest, but offers, in consideration of the deposits, to lend the school district a large sum of money, without Interest, if it should need to borrow.</p> <p>If the exercise of discretion relates to the time or manner of discharging a duty imposed by law this is a proper'field for the use. of a discretionary power. If it relates to the duty itself and results in a refusal to discharge it, this is an abuse of discretion, and amounts to inexcusable disobedience of the law.</p>