Legal Opinion

Sener v. Corporation of the Borough of Ephrata

Supreme Court of Pennsylvania

Decided May 28, 1896No. Appeal, No. 382PublishedCited by 4 opinions

Appeal, No. 382, Jan. T., 1896, by defendants, from decree of C. P. Lancaster Co., Equity Docket, No. 3, p. 139, on bill in equity. Bill in equity for an injunction.

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Appeal, No. 382, Jan. T., 1896, by defendants, from decree of C. P. Lancaster Co., Equity Docket, No. 3, p. 139, on bill in equity. Bill in equity for an injunction. The case was heard on bill, answer and proof, and Brubaker, J., filed the following opinion: This suit is brought by the plaintiffs, who are citizens, property holders and taxpayers, against the borough of Ephrata, the defendant, for the purpose of restraining its officers and agents from issuing and selling municipal bonds in the name of the said corporation, to be used in construction of certain water works by the borough, in…

1Opinion of the Court

Per Curiam,

The learned judge of the court below reached a correct conclusion in this case. The act of 1895 is plainly expressed, is definite in its directions, and free from ambiguity. We cannot reform it to meet a supposed legislative intent not expressed and not apparent on its face. The conclusions of law drawn by the learned judge are an adequate discussion of the subject, and justify the decree appealed from. It is affirmed upon these conclusions. The costs to be paid by the appellant.

2Cited by4 opinions

  1. Schenck v. BurgessSupreme Court of Pennsylvania · 1897
  2. Smith v. YoungSupreme Court of Pennsylvania · 1918
  3. Southwestern National Bank v. RiegnerSupreme Court of Pennsylvania · 1927
  4. State, Ex Rel. v. Bowman, AuditorIndiana Supreme Court · 1927

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