Whitehead v. North H. Sch. D.

Citations

• 145 Pa. 418
• 22 A. 991
• 1891 Pa. LEXIS 679

Syllabus

<p>(а) In an action by a teacher against a school district, upon a written contract of employment signed by the president and secretary of the school board, the affidavit of defence did not deny the validity of the contract, but averred that plaintiff had been dismissed for cause. The plea was “ non assumpsit, with leave to give in evidence the special matter contained in the affidavit of defence.”</p> <p>(б) Rules of Court provide that when the plaintiff has filed, on or before the return day, a specification of his claim under oath, averments therein not denied by the affidavit of defence shall be taken at the trial as admitted, and in an action on a written contract, a copy of which has • been filed with the narr, its valid execution need not be proved unless denied by affidavit filed with or before the plea:</p> <p>1. The plaintiff having complied with the rules referred to, the effect of the affidavit of defence was to dispense with the necessity of proving his employment by producing a minute thereof in the form prescribed by § 4, act of April 11, 1862, P. L. 471, notwithstanding the plea of non assumpsit; and it was unnecessary that the affidavit be formally offered in evidence.</p> <p>2. If, however, the plaintiff’s employment had been denied, it would have been necessary for him to show that the contract was executed by the authority of the board of school directors, in accordance with the requirements of the act of 1862: Cascade Sch. D. v. School D., 43 Pa. 318 ; Dennison Sch. D. v. Padden, 89 Pa. 395; Dyberry Sch. D. v. Mercer, 115 Pa. 559: Per Mr. Justice Clark.</p> <p>3. Under said § 4, act of 1862, the minutes of the school board are the best evidence of their action in dismissing a teacher for one of the causes specified in par. V., § 23, act of May 8, 1854, P. L. 622, and in the absence of corruption, bad faith, or a clear abuse of power, they are conclusive. Parol testimony is therefore inadmissible to establish the existence of such cause of dismis