Legal Opinion

Clairton Borough

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 55PublishedCited by 5 opinions

Appeal, No. 55, April T., 1907, by J. O. Percival, from order of Q. S. Allegheny Co., Sept. T., 1905, No. 35, quashing an appeal in the matter of the annexation of a part of Jefferson township in the borough of Glairton. Appeal in proceedings to annex territory to a borough.

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Appeal, No. 55, April T., 1907, by J. O. Percival, from order of Q. S. Allegheny Co., Sept. T., 1905, No. 35, quashing an appeal in the matter of the annexation of a part of Jefferson township in the borough of Glairton. Appeal in proceedings to annex territory to a borough. From the record it appeared that a petition was filed by certain freeholders of Jefferson township praying that the proceedings annexing certain territory of the township to the borough of Clairton be declared void. The borough of Glairton filed an answer to the petition. A commissioner was appointed who took testimony…

1Opinion of the Court

Opinion by

Beaver, J.,

In Donora Borough’s Appeal, 26 Pa. Superior Ct, 300, and in Washington Borough Extension, 26 Pa. Superior Ct. 296, we held, that “ The Act of April 22, 1903, P. L. 247, completely changes the mode of annexing adjacent territory to a borough and repeals the Acts of April 3, 1851, P. L. 320, sec. 30, June 2, 1871, P. L. 283, sec. 4, July 15, 1897, P. L. 296, and April 6,1899, P. L. 33.”

In the Donora Borough case, Judge McIlvaine, who heard the case below, said: “ As we view the law, it is this : The 30th section of the act of 1851, supra, ‘ directed and required ’ the…

2Cases cited3 opinions

  1. Sample v. PittsburgSupreme Court of Pennsylvania · 1905
  2. Washington BoroughSuperior Court of Pennsylvania · 1904
  3. Devore's AppealSupreme Court of Pennsylvania · 1867

3Cited by5 opinions

  1. Whitney v. Jersey Shore BoroughSupreme Court of Pennsylvania · 1920
  2. Fister v. BoroughSuperior Court of Pennsylvania · 1912
  3. In Re: Scottdale Borough AnnexationSuperior Court of Pennsylvania · 1926
  4. In re Annexation of a Portion of Porter TownshipSuperior Court of Pennsylvania · 1921
  5. Canonsburg Borough's AnnexationWashington County Court of Quarter Sessions · 1923

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