Mahanoy City Borough v. Hersker
Superior Court of Pennsylvania
Appeal, No. 207, Oct. T.,-1908, by defendant, from judgment of C. P. Schuylkill Co., July T., 1908, No. 78, on verdict for plaintiff in case of Mahanoy City Borough v. Christiana Hersker. Appeal from judgment of justice of the peace. At the trial Shay, J., charged as follows: [There are at present a number of questions that come up before the courts in relation to the powers of boroughs.
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Appeal, No. 207, Oct. T.,-1908, by defendant, from judgment of C. P. Schuylkill Co., July T., 1908, No. 78, on verdict for plaintiff in case of Mahanoy City Borough v. Christiana Hersker. Appeal from judgment of justice of the peace. At the trial Shay, J., charged as follows: [There are at present a number of questions that come up before the courts in relation to the powers of boroughs. There are some powers of the boroughs that are granted by statute, and others that a borough council has by reason of the implied power that inures to a borough by reason of its being a municipality. Now,…
1Opinion of the Court
Opinion by
Porter, J.,
This case involves the validity of an ordinance of the borough of Mahanoy City, ordaining “That no theatrical exhibition, concert, show, circus, jugglery, or other exhibition shall be held, exhibited or given, without a license first had and obtained from the chief burgess.” The second section of the ordinance authorizes the chief burgess to issue licenses for such theatrical and other exhibitions, upon the payment to him of a license fee, which in case of theatrical exhibitions is fixed at $3.00 per day. It was admitted at the trial in the court below that the defendant…
2Cases cited9 opinions
- Sayre Borough v. PhillipsSupreme Court of Pennsylvania · 1892
- Ligonier Valley Railroad v. Latrobe BoroughSupreme Court of Pennsylvania · 1907
- Borough of Warren v. GeerSupreme Court of Pennsylvania · 1887
- Johnson v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- American Baseball Club v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- Warner Bros. Theatres, Inc. v. Pottstown BoroughSuperior Court of Pennsylvania · 1948
- Kistler v. Swarthmore BoroughSuperior Court of Pennsylvania · 1938
- Canton Borough v. WilliamsSuperior Court of Pennsylvania · 1917
- Setzer v. City of PottsvilleSuperior Court of Pennsylvania · 1920
8 more not listed; retrieve them via the Exa API.