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Strank v. Mercy Hospital of Johnstown

383 Pa. 54 (1955)

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Strank v. Mercy Hospital of Johnstown

Pennsylvania Supreme Court
383 Pa. 54 (1955)

JL

Facts

Strank (plaintiff) attended a nursing school operated by Mercy Hospital of Johnstown (defendant). Strank completed two years of the school, but Strank was dismissed from the program during the third year because of a rule violation. Strank had remained away from the school overnight without permission, which was prohibited. Strank requested that Mercy Hospital transfer her credits to another school to allow her to complete her studies, but Mercy Hospital refused. Strank then filed an action at law in the form of a mandamus to compel Mercy Hospital to transfer the credits. The court determined that there was no jurisdiction to enforce a right imposed solely by contract rather than a right granted by law. Strank then filed an action in equity in the court of common pleas. Mercy Hospital again objected to the jurisdiction of the court, but the trial court ruled in favor of Strank. Mercy Hospital appealed.

Rule of Law

Issue

Holding and Reasoning (Stern, C.J.)

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