Legal Opinion

Davis v. Borough of Crafton

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 120PublishedCited by 4 opinions

Appeal, No. 120, April T., 1920, by plaintiffs, from the order of Q. S. Allegheny County, June Sessions, 1919, No. 1, sustaining borough ordinance In re Appeal of Annie Davis, W. A. McCullough and L. J. Kinsey from Ordinance No. 572 of the Borough of Crafton. Petition to have borough ordinance declared null and void. Before Carpenter, J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Petitioners appealed.

Read the full summary

Appeal, No. 120, April T., 1920, by plaintiffs, from the order of Q. S. Allegheny County, June Sessions, 1919, No. 1, sustaining borough ordinance In re Appeal of Annie Davis, W. A. McCullough and L. J. Kinsey from Ordinance No. 572 of the Borough of Crafton. Petition to have borough ordinance declared null and void. Before Carpenter, J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Petitioners appealed. Error assigned was the order of the court. The borough had no authority to pass the ordinance: Com. v. Harris, 10 W. N. C., p. 15, col. 1; Com.…

1Opinion of the Court

Opinion by

Linn, J.,

Under section 9, article I, chapter 7 of The General Borough Act (1915 P. L. 312), appellants applied to the quarter sessions to have ordinance No. 572 of the Borough of Crafton declared void; the court sustained the ordinance and the record was brought here. The decision beloAV is not conclusive; we have therefore examined the record including the depositions brought up, (In re Hand, 266 Pa. 277, 280) and find no error.

Appellants severally own three adjoining lots with buildings fronting on the west side of South Linwood avenue. By ordinance No. 548 approved June 21, 1916,…

2Cases cited4 opinions

  1. Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
  2. Hand's CaseSupreme Court of Pennsylvania · 1920
  3. Commonwealth ex rel. Attorney General v. Beaver BoroughSupreme Court of Pennsylvania · 1895
  4. Braucher v. Somerset BoroughSuperior Court of Pennsylvania · 1914

3Cited by4 opinions

  1. Plum Township Annexation CaseSuperior Court of Pennsylvania · 1955
  2. In Re Appeal of BenderSuperior Court of Pennsylvania · 1932
  3. Borough of Manorville v. FlennerSuperior Court of Pennsylvania · 1925
  4. Plum Township Annexation CaseSuperior Court of Pennsylvania · 1955

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API