Scheibner v. Baer

Citations

• 174 Pa. 482
• 34 A. 193
• 1896 Pa. LEXIS 910

Syllabus

<p>Time — Compulation of time.</p> <p>Where a thing is to be done within a certain period from a given, date the rule is that the day from which the reckoning begins is excluded from the computation of the period allowed.</p> <p>School law — Teacher's certificate — Act of May 8, 1854, sec. 41.</p> <p>The superintendent of schools of a city notified a teacher on July 6,1895, that he proposed to annul his certificate on July 16, 1895. The act of May 8, 1854, see. 41, P. L. 626, empowers the superintendent to annul a certificate, “giving at least ten days previous notice thereof, in writing, to the teacher holding it.” On July 15, the teacher filed a bill in equity against the superintendent to restrain him from taking the action contemplated, and a preliminary injunction was granted. Subsequently the court overruled a motion to dissolve the injunction and entered a decree continuing the preliminary injunction. Held, that the teacher had only nine entire days’ notice, which was not a compliance with the requisition of the statute, and that the decree continuing the preliminary injunction should be affirmed.</p>