Legal Opinion

United Brethren Congregation v. Borough

Superior Court of Pennsylvania

Decided February 20, 1914No. Appeal, No. 103PublishedCited by 2 opinions

Appeal, No. 103, Oct. T., 1913, by plaintiff, from decree of C. P, Lehigh Co., Sept. T., 1912, No. 2, dismissing bill in equity in case of The Congregation of the United Brethren of the Borough of Emaus and Vicinity v._ Borough of Emaus, Daniel R. Miller, Burgess et al. Bill in equity for an injunction.

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Appeal, No. 103, Oct. T., 1913, by plaintiff, from decree of C. P, Lehigh Co., Sept. T., 1912, No. 2, dismissing bill in equity in case of The Congregation of the United Brethren of the Borough of Emaus and Vicinity v._ Borough of Emaus, Daniel R. Miller, Burgess et al. Bill in equity for an injunction. Trexler, P. J., found the facts to be as follows: 1. That the plaintiff is a corporation under and by virtue of the act of general assembly, approved April 29, 1874, P. L. 73, having been duly incorporated by the court of common pleas of Lehigh county on October 19, 1893, the charter thereof…

1Opinion of the Court

Opinion by

Orlady, J.,

The borough of Emaus is a municipal corporation created under and by virtue of the general borough Act of Assembly, approved April 3, 1851, P. L. 320, and its supplements;' and under clause 7, sec. 3, it was given authority “To make a draft or plan of the roads, streets, lanes, alleys and courts, opened or laid out, with every explanation necessary to a full understanding of the same, which draft or plan shall be kept by the clerk, and shall be open to public inspection when required.” And by the Act of May 16, 1891, P. L. 80, it is provided by § 12, , . No person shall…

2Cases cited8 opinions

  1. Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
  2. Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
  3. Horn & Brannen Manufacturing Co. v. SteelmanSupreme Court of Pennsylvania · 1906
  4. Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
  5. Dewart v. PurdySupreme Court of Pennsylvania · 1858

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3Cited by2 opinions

  1. Bender v. Akron Borough, Pennsylvania Court of Common Pleas, Lancaster County1930
  2. In re Opening of Munday LaneLehigh County Court of Quarter Sessions · 1928

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