Franklin Guards Ass'n v. Boyer
Superior Court of Pennsylvania
Appeal, No. 22, Oct. T., 1917, by Bruce Henderson et al., from order of O. P. Franklin Co., Oct. T., 1916, No. 244, overruling exceptions to sheriff’s schedule of distribution in case of Franklin Guards Association to use v. Charles W. Boyer. Exceptions to sheriff’s schedule of distribution. Before Gillan, P. J. The case turned on the construction and constitutionality of the Act of June 4, 1901, P. L. 364, so far as the act related to liens for municipal lighting.
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Appeal, No. 22, Oct. T., 1917, by Bruce Henderson et al., from order of O. P. Franklin Co., Oct. T., 1916, No. 244, overruling exceptions to sheriff’s schedule of distribution in case of Franklin Guards Association to use v. Charles W. Boyer. Exceptions to sheriff’s schedule of distribution. Before Gillan, P. J. The case turned on the construction and constitutionality of the Act of June 4, 1901, P. L. 364, so far as the act related to liens for municipal lighting. The facts are stated in the opinion of the Superior Court. Error assigned was in overruling exceptions to schedule of…
1Opinion of the Court
Opinion by
Head, J.,
The facts out of which this contention arises are few and simple and practically agreed upon. The learned court below confirmed a schedule of distribution of a fund created by the judicial sale of a property in the Borough of Chambersburg. That borough has long owned and operated an electric lighting plant, built from the public funds, used primarily for the lighting of the streets, alleys, public buildings, etc., of the borough and the surplus current has been supplied to private consumers for commercial or domestic purposes. When the original plant was considerably…
2Cases cited2 opinions
- Haspel v. O'BrienSupreme Court of Pennsylvania · 1907
- Linn v. Chambersburg BoroughSupreme Court of Pennsylvania · 1894
3Cited by3 opinions
- Commonwealth v. McNamaraSuperior Court of Pennsylvania · 1928
- Middlesex Township v. Wetzel, Pennsylvania Court of Common Pleas, Cumberland County1938
- State Bank v. Haffley, Pennsylvania Court of Common Pleas, Clinton County1933