Evans v. Willistown Township
Supreme Court of Pennsylvania
Appeal, No. 109, July T., 1894, by plaintiffs, from decree of C. P. Chester Co., No. 283, in equity. Bill in equity by taxpayers for an injunction to restrain the defendants from increasing the debt of the township of Willis-town, Chester county, Pennsylvania, by the sum of 140,000 in pursuance of an election which purported to authorize such increase.
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Appeal, No. 109, July T., 1894, by plaintiffs, from decree of C. P. Chester Co., No. 283, in equity. Bill in equity by taxpayers for an injunction to restrain the defendants from increasing the debt of the township of Willis-town, Chester county, Pennsylvania, by the sum of 140,000 in pursuance of an election which purported to authorize such increase. It was alleged that said election was illegal in that the question being voted on was not printed on the official ballot prescribed by law, but on separate ballots. The defendants demurred. The court in an opinion by Hemphill, J., sustained the…
1Opinion of the Court
Opinion by
Mr, Justice Mitchell,
The act of June 9, 1891, P. L. 252, is clearly repealed by the act of June 10, 1893, P. L. 419, if the latter is valid. The provisions of the two are irreconcilable. The act of 1891 requires the voter to express his wishes on the proposed increase of municipal debt upon a separate ballot marked on the outside “ increase (? of) the debt ” and having on the inside, written or printed, “ no increase of debt ” or “ debt may be increased ” and these ballots to be deposited in a special and separate box, as was then provided by law for elections in general. The act of…
2Cases cited1 opinion
- Philadelphia ex rel. Nestor v. Spring Garden Farmers' Market Co.Supreme Court of Pennsylvania · 1894
3Cited by3 opinions
- Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
- Dupont v. City of PittsburghU.S. Circuit Court for the District of Western Pennsylvania · 1895
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1896