Whitney v. Jersey Shore Borough
Supreme Court of Pennsylvania
Appeal, No. 178, Jan. T., 1920, by plaintiffs, from decree of O. P. Lycoming Co., June T., 1919, No. 1, dismissing bill in equity in case of Samuel L. Whitney et al. v. Jersey Shore Borough. Bill in equity for an injunction, etc. Before Whitehead, P. J. The case was heard on bill, answer and replication. The court dismissed the bill. Plaintiffs appealed.
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Appeal, No. 178, Jan. T., 1920, by plaintiffs, from decree of O. P. Lycoming Co., June T., 1919, No. 1, dismissing bill in equity in case of Samuel L. Whitney et al. v. Jersey Shore Borough. Bill in equity for an injunction, etc. Before Whitehead, P. J. The case was heard on bill, answer and replication. The court dismissed the bill. Plaintiffs appealed. Errors assigned were (2) decree dismissing the bill, and (3) imposing upon plaintiffs, as part of the costs, defendant’s counsel fees.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
June 28, 1919, plaintiffs, on behalf of themselves and other taxpayers of the Township of Porter, Lycoming County, filed a bill in equity against the defendant borough, which was dismissed by the court below; hence this appeal.
The bill avers that defendant sought to annex certain described lands in the before-mentioned township, a copy of an ordinance to accomplish that purpose, passed and approved in 1918, being attached, wherein it is declared that the borough councils had acted pursuant to a peti*541tion “in accordance -with the Act of General Assembly in such…
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