Kneedler v. Borough of Norristown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1882, No. 66. Case stated, wherein the burgess and town council of the the borough of Norristown, for the use of said borough, and Wm. II. Davis, informer, were plaintiffs, and Joseph S. Kneedler was defendant, setting forth as follows : On April 30th 1881, before Alan W. Corson, Esq., a justice of the peace in and for the county of Montgomery, residing at Norristown, appeared Wm. II.
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Error to the Court of Common Pleas of Montgomery county: Of January Term 1882, No. 66. Case stated, wherein the burgess and town council of the the borough of Norristown, for the use of said borough, and Wm. II. Davis, informer, were plaintiffs, and Joseph S. Kneedler was defendant, setting forth as follows : On April 30th 1881, before Alan W. Corson, Esq., a justice of the peace in and for the county of Montgomery, residing at Norristown, appeared Wm. II. Davis, the plaintiff, and complained of Joseph S. Kneedler, the defendant, for violating the following borough ordinance, passed by the…
1Opinion of the CourtJustice Green
The charter of the borough of Norristown contains no authority to the council to enact ordinances prohibiting the erection of wooden buildings. Nor is there anything in the grant of general powers conferred upon the borough from which such an authority can be necessarily inferred or to which it is indispensable. Lacking these requirements, the qualities necessary to create the power in question are not present. On the contrary we find that the Legislature, assuming jurisdiction over the subject in question, by the eighth section of an act passed April 7th 1845, P. L. 329, expressly prohibited…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Respublica v. DuquetSupreme Court of Pennsylvania · 1799
3Cited by23 opinions
- Kline v. HarrisburgSupreme Court of Pennsylvania · 1949
- Manorville Borough v. Flenner.Supreme Court of Pennsylvania · 1926
- Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Junge's Appeal. (No. 2.)Superior Court of Pennsylvania · 1926
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