Smith v. Pittsburgh School District

Citations

• 70 Pa. Super. 184
• 1918 Pa. Super. LEXIS 207

Syllabus

<p>School law — Directors—Powers—Employment of counsel — Act of May 18,1911, P. L. 809.</p> <p>Where school directors, after the passage of the School Code of May 18, 1911, P. L. 309, and before the termination of their office in November, 1911, enter into a contract for new property in express violation of the act, and a bill in equity is brought .against them to restrain them from spending money under the contract, they cannot employ counsel and bind the district for fees in defending against the bill on the ground of its unconstitutionality. In such a case the question of the right of the directors to contest the validity of the legislation which ousted them, was personal to themselves, and they must pay the costs of the litigation incident to such a contest.</p>