In re Barr
188 Pa. 122 | Pa. | 1898
Lead Opinion
Opinion by
This was a proceeding under the act of June 6, 1893, to
The court below, on ample testimony, has found the facts warranting its decree; we would not touch it, unless there was a manifest error in its finding or a flagrant abuse of its discretion. Not the semblance of either is shown. The decree is .affirmed, and appeal dismissed at costs of appellant.
Dissenting Opinion
dissenting:
Though I did not note a dissent in the cases giving a con•struction to the act of 1893,1 did not concur in them, as I was .and am of opinion that all that act intended was to authorize the courts to compel the exercise by the school directors of the powers vested in them by the law, in other words, to enforce attention to their duties, not to substitute the judgment or discretion of the inspector or the court for that of the officers to whom the people, under the law, had committed the authority.