Corey v. Edgewood Borough
Superior Court of Pennsylvania
Appeal, No. 173, April T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1900, No. 671, on bill in equity in case of J. B. Corey v. Borough of Edgewood. Bill in equity for an injunction. The facts appear in the report of Corey v. Edgewood Borough (No. 1), ante, p. 216. Errors assigned among others were (11) in not allowing plaintiff to reconstruct the siding at the former grade.
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Appeal, No. 173, April T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1900, No. 671, on bill in equity in case of J. B. Corey v. Borough of Edgewood. Bill in equity for an injunction. The facts appear in the report of Corey v. Edgewood Borough (No. 1), ante, p. 216. Errors assigned among others were (11) in not allowing plaintiff to reconstruct the siding at the former grade. (12) In not assessing plaintiff’s damages and decreeing the payment thereof to him.
1Opinion of the Court
Opinion by
Rice, P. J.,
1. Inasmuch as the plaintiff sued the defendant as a borough and alleged in the bill that it is a borough, we do not think it *230competent for him to say upon the hearing of the cause that it had not the powers of a legally incorporated borough by reason of the fact that the petition for its corporation was not recorded, especially as the decree of incorporation contains every element of notice and description required by law and was duly recorded.
2. Whatever might be said of the failure to transcribe the grading and paving ordinance in a separate book kept especially for…
2Cases cited4 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1896
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1897
- Jones v. Pittsburg, McKeesport & Youghiogheny RailroadSuperior Court of Pennsylvania · 1899