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· 3/5/1921

In re Financial Statement of School District

Citations

  • 75 Pa. Super. 434
  • 1921 Pa. Super. LEXIS 37

Syllabus

<p>School law — School c.ode — Directors—Secretary and treasurer— Rotation of office among directors — Compensation—Illegality—In equity — Injunction.</p> <p>It is illegal for a school board to pay compensation to its secretary and treasurer •without first having approved such payments by an affirmative vote of the majority of all the members of the board, duly recorded on its minutes, showing how each member voted, in accordance with the provisions of section 403 of the School Code of 1911, P. L. 330.</p> <p>Where such payments have been made, in violation of the provisions of the School Code of 1911, P. L. 330, it is error for the court, on an appeal from the audit of the school accounts, to refuse to surcharge the directors with the amounts illegally expended, especially where the directors have indulged in the illegal practice of electing their members in rotation to the salaried officers of secretary and treasurer.</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

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