Tarbell v. School D. of Montrose Borough

Supreme Court of Pennsylvania November 11, 1889

Tarbell v. School D. of Montrose Borough, 129 Pa. 146 (Pa. 1889)

18 A. 758; 1889 Pa. LEXIS 937

Clark, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Per Curiam:

This was an appeal from a decree of the court below dissolving a preliminary injunction, and was submitted upon' the paper books, without an oral argument.

The decree dissolving the preliminary injunction is reversed at the costs of the appellees; the said injunction is reinstated with leave to the school district of the borough of Montrose to move the court below to dissolve it, whenever said district shall have lawfully acquired title to a suitable lot of ground whereon to erect the school building in controversy.

Reference

Full Case Name: APPEAL OF J. S. TARBELL [J. S. Tarbell v. School D. of Montrose Borough.]
Status: Published
Syllabus: A board of school directors will be restrained by injunction from appropriating money to the erection of a school building upon land conveyed to a county, in trust “ to be appropriated to the use of the public buildings of the county.....an academy, and church or churches,” until the title to the ground whereon the building may lawfully be erected shall have been acquired: See act of April 4, 1889, P. L. 25.