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200 Pa. 508

Commonwealth v. Hitchens

Supreme Court of Pennsylvania

Decided October 11, 1901

Supreme Court of Pennsylvania · decided 1901-10-11

Appeal, No. 24, Oct. T., 1901, by defendant, from order of C. P. No. 1, Allegheny Co., Dec. T., -1900, No. 65, awarding mandamus in case of Commonwealth ex rel. City of McKeesport School District v. R. A. Hitchens. Petition for mandamus.

Relies on Sugar Notch Borough · Commonwealth v. Gilligan · Commonwealth v. Howell

Affirmed · Decided 1901-10-11

Per Curiam,

¶1The city controller contends that the act of assembly of May 23, 1874, “in so far as it relates, to the organization, control, maintenance and conduct of the business of school districts is unconstitutional and void,” and he therefore refuses to comply with any of the provisions of said act which relate to the management of the affairs of the school district. He appears, however, to have overlooked the decisions of this court in Sugar Notch Borough, 192 Pa. 349, in Commonwealth v. Gilligan, 195 Pa. 504, and Commonwealth v. Howell, 195 Pa. 519.

¶2Those decisions sustain the act of May 23, 1874, and require the controller to discharge the duties under said act which devolve on him.

¶3Judgment affirmed.

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