Miller v. Clement

Citations

• 205 Pa. 484
• 55 A. 32
• 1903 Pa. LEXIS 601

Syllabus

<p>Mandamus — Practice, O. P. — Alternative form — Preliminary rule.</p> <p>In mandamus proceedings under the act of June 8, 1893, the only question to be determined by the court upon the filing of the petition is whether the substance of a case for mandamus is presented. If so, the writ should be directed to issue in the alternative form. Under the act there is no room left for the issue of a preliminary rule to show cause, and the granting of such a rule is an irregularity.</p> <p>School law — Directors—Discretion—Expulsion of pupil — Mandamus.</p> <p>Both under the act of May 8, 1854, regulating common schools in Pennsylvania, and the local act of March 3, 1818, regulating the school system in the city of Philadelphia, the investigation of charges against a pupil and the conduct of the hearing may be delegated to a committee of the board of directors, when the action of the committee is afterwards reported to and is reviewed and considered and sustained by the full board.</p> <p>On a petition for a mandamus against school directors to compel the restoration of a pupil who had been expelled, the writ is properly refused where it appears on the face of the petition that a hearing of the charges against the pupil was held by a committee of the board, that the testimony of witnesses was heard, and that in the exercise of judgment and discretion a conclusion was reached which the full board approved and adopted, and declined to change or modify at the request of the petitioner.</p>