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· 7/21/1915

Schmeck v. Muhlenberg Township School District

Citations

  • 60 Pa. Super. 183
  • 1915 Pa. Super. LEXIS 166

Syllabus

<p>School law — School directors — Treasurer—Secretary—Division of compensation among directors — Equity—Findings of fact. ....</p> <p>■ Where a practice has existed during a period of years in a school hoard by which the salaried offices of treasurer and secretary were held in rotation by all of the directors, and the incumbents of such offices regularly divided their compensation among all the directors, a taxpayer has a standing in equity to enjoin the directors from the continuance of such a practice.</p> <p>Where in such a case the court below finds as a fact that the payments made by the two officers were purely voluntary, without any prearrangement or antecedent bargain or understanding among the parties, and such finding is based upon sufficient evidence, the appellate court will not reverse the finding, and decree an accounting in favor of the school district as to the funds distributed.</p>

Judges: Head, Kephart, Orlady, Rice, Rige

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