Legal Opinion

Gumpert v. Hay

Supreme Court of Pennsylvania

Decided April 21, 1902No. Appeal, No. 360PublishedCited by 4 opinions

Appeal, No. 360, Jan. T., 1901, by plaintiff, from decree of C. P. Luzerne Co., Dec. T., 1900, No. 6, dismissing bill in equity in case of E. Gumpert et al. v. A. D. Hay, John M. Jones and P. J. Finn, County Commissioners of Luzerne County and the City of Wilkes-Barre. Bill in equity for an injunction.

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Appeal, No. 360, Jan. T., 1901, by plaintiff, from decree of C. P. Luzerne Co., Dec. T., 1900, No. 6, dismissing bill in equity in case of E. Gumpert et al. v. A. D. Hay, John M. Jones and P. J. Finn, County Commissioners of Luzerne County and the City of Wilkes-Barre. Bill in equity for an injunction. Endlich, J., specially presiding, found the facts to be as follows: 1. The borough of Wilkes-Barre was incorporated by an act approved March 17,1806, P. L. 529, its territory including what had formerly been “ the town plot of Wilkes-Barre and its vicinity,” of which the first survey was made…

1Opinion of the Court

Per Curiam,

It is certainly time that this prolonged litigation, which has resulted in so much strife and perhaps bitterness, should end. Every material fact necessary to a history of the case will be found in Bennett v. Norton, 171 Pa. 221, Mahon v. Norton, 175 Pa. 279, and Mahon v. Luzerne County, 197 Pa. 1. The latter case finally settled the question, as to the authority of the city of Wilkes-Barre to grant and the right of the county to accept in exchange for the old courthouse site, the present, determined on, location. It is not material to decide the exact nature of the estate acquired…

2Cases cited3 opinions

  1. Bennett v. NortonSupreme Court of Pennsylvania · 1895
  2. Mahon v. Luzerne CountySupreme Court of Pennsylvania · 1900
  3. Mahon v. NortonSupreme Court of Pennsylvania · 1896

3Cited by4 opinions

  1. Payne v. KassabCommonwealth Court of Pennsylvania · 1973
  2. Payne v. KassabSupreme Court of Pennsylvania · 1976
  3. Payne v. KassabSupreme Court of Pennsylvania · 1976
  4. Payne v. KassabCommonwealth Court of Pennsylvania · 1973

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