Jackson v. Conneautville Borough School District

Citations

• 280 Pa. 601
• 125 A. 310
• 1924 Pa. LEXIS 559

Syllabus

<p>School law — Indebtedness of school district — Vote of school board. —Constitutional limitation — Act of May 18,1911, P. L. 880, section JfOS.</p> <p>1. Acts of a school board of which there is no record of any affirmative vote relating thereto, are in violation of section 403 of the Act of May 18,1911, P. L. 330, and void.</p> <p>2. A school district is not liable on promissory notes signed by the president and secretary of the school board where there is no record of the board authorizing the borrowing of money or the execution of such notes.</p> <p>3. Even if the district received the proceeds of such notes it would not be liable, if it appears that their issue was in violation of article IX, section 8 of the Constitution relating to the increase of municipal indebtedness beyond certain specified limits.</p> <p>4. A school district is not liable for debts contracted in excess of the constitutional limit, where it has taken no step by tax levy or otherwise to create a current fund for repayment of such debts, and has no means of so doing.</p> <p>5. If the district is sued for such debts the burden is upon it to prove its indebtedness exceeded the constitutional limit when the debts were created.</p> <p>6. A municipality may create debts within its current revenues regardless of existing indebtedness, but cannot go beyond, even where payment is to be made solely out of a specially designated income.</p> <p>Practice, C. P. — Action on township or school district warrants —Parties—Trial by court without jury — Reopening case — Amendment — Abuse of discretion.</p> <p>I. An assignee of ordinary township or school district warrants cannot maintain an action thereon in his own ñamé.</p> <p>8. Where the court has entered judgment on a case tried without a jury, and thereafter has refused a motion to file an amended statement and for a rehearing, such refusal will not be reversed on appeal where no manifest abuse of discretion is shown.</p>