Roundsley v. Tuscarora Township School District

Citations

• 47 Pa. Super. 623
• 1911 Pa. Super. LEXIS 215

Syllabus

<p>School law — School directors — -Borrowing money — Judgment.</p> <p>1. A judgment entered against a school'district upon a bond, with warrant of attorney executed by certain persons who are described in the body of the bond as “directors of Tuscarora Twp. school board,” in favor of one of their number, cannot be sustained as an obligation against the district on mere proof that the district was-indebted to certain of the teachers, that there was no money to pay this indebtedness, and that in order to keep the school open during a winter specified it was necessary for the district to borrow money to pay the teachers and t'o repair schoolhouses. In such a case it is necessary for the plaintiff to show what taxes were laid or outstanding, what year the salaries of teachers were unpaid, what repairs were to be made to the schoolhouses, and why the district had no available funds. The plaintiff must show with precision how the alleged emergency arose which justified the borrowing of the money.</p> <p>2. In such a case the fact that the bond was entered in December, 1904, that interest upon it was paid up to December, 1907, and that the petition to open the judgment was not presented until April, 1909, will not preclude the defendant from questioning either the debt or the judgment.</p>