Bethlehem Borough v. Perseverance Fire Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of July Term 1875, No. 56. This was an action of assumpsit, brought July 7th 1873 by the Perseverance Fire Company, No. 1, against the Burgess and Council of the borough of Bethlehem, The declaration was in the commoii counts.
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Error to the Court of Common Pleas of Northampton county: Of July Term 1875, No. 56. This was an action of assumpsit, brought July 7th 1873 by the Perseverance Fire Company, No. 1, against the Burgess and Council of the borough of Bethlehem, The declaration was in the commoii counts. The bill of particulars furnished, on demand of the defendants, was for $1150, money paid by plaintiffs for the use of defendants in the purchase of a steam fire engine; $500, the value of a hand fire engine; $900, the value of a hose carriage; $700, the value of a pair of horses ; $50, the value of two sets of…
1Opinion of the CourtJustice Mercur
• Two controlling questions- arise under the eighteen assignments of error. The one involves a consideration of the rights of the defendant in the property in question; the other whether it has selected the proper form of action to assert these rights.
*457The defendant in error was duly incorporated by the Court of Common Pleas of Northampton county on the 6th of October 1853. The company had had an existence and organization as a fire company for some fifty years prior to its incorporation.
The application for the charter avers that “-the said corporation is intended to be situated in the borough…
2Cases cited4 opinions
- Babb v. ReedSupreme Court of Pennsylvania · 1835
- Methodist Church v. RemingtonSupreme Court of Pennsylvania · 1832
- Willet v. WilletSupreme Court of Pennsylvania · 1834
- Gray v. GriffithSupreme Court of Pennsylvania · 1840
3Cited by22 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Radobersky v. Imperial Volunteer Fire DepartmentSupreme Court of Pennsylvania · 1951
- Williams Township Board of Supervisors v. Williams Township Emergency Co.Commonwealth Court of Pennsylvania · 2009
- Thompson v. Wanamaker's TrusteeSupreme Court of Pennsylvania · 1920
- Zern Et Ux. v. MuldoonCommonwealth Court of Pennsylvania · 1986
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