Legal Opinion

Carlisle Gas & Water Co. v. Carlisle Borough

Supreme Court of Pennsylvania

Decided June 3, 1907No. Appeal, No. 13PublishedCited by 6 opinions

Appeal, No. 13, Jan. T., 1907, by-defendant, from decree of C. P. Cumberland Co., March T., 1906, No. 1, on bill in equity in case of Carlisle Gas & Water Company and Jacob Livingston v. Carlisle Borough. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. Error assigned was in awarding an injunction to restrain the sale of stock of the Carlisle Gas & Water Company owned by the borough of Carlisle.

1Opinion of the Court

Opinion by

Me. Justice Elkin,

This is an appeal from the decree of the court below making permanent an injunction to restrain the appellant borough from making sale of the shares of the capital stock held by it in the appellee company. The appellant was created a borough by special act of assembly April 13, 1782, 2 Sm. L. 17, and became subject to the provisions of the general borough act of April 3, 1851, P. L. 320, in the manner provided by law. The appellee company was incorporated by the special act of April 19, 1853, P. L. 578, under which its powers, duties and privileges are defined. It…

2Cases cited11 opinions

  1. Jolly v. Monaca BoroughSupreme Court of Pennsylvania · 1907
  2. Baily v. City of PhiladelphiaSupreme Court of Pennsylvania · 1898
  3. Brown v. BeecherSupreme Court of Pennsylvania · 1888
  4. Collner v. GreigSupreme Court of Pennsylvania · 1890
  5. Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858

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3Cited by6 opinions

  1. White Oak Borough Authority AppealSupreme Court of Pennsylvania · 1953
  2. Curry v. City of Highland ParkMichigan Supreme Court · 1928
  3. Worcester Electric Co. v. HancockCourt of Appeals of Maryland · 1927
  4. Boroughs Operating Electric Plants, Pennsylvania Department of Justice1924
  5. Girard Will CaseSupreme Court of Pennsylvania · 1956

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