Boehm v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 185, Oct. T., 1914, by plaintiffs, from decree of C. P. No. 4, Phila. Co., Sept. T., 1913, No. 1,223, dismissing bill in equity in case of Elizabeth and Charles L. Boehm v. City of Philadelphia, Rudolph. Blankenburg, Mayor et al.
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Appeal, No. 185, Oct. T., 1914, by plaintiffs, from decree of C. P. No. 4, Phila. Co., Sept. T., 1913, No. 1,223, dismissing bill in equity in case of Elizabeth and Charles L. Boehm v. City of Philadelphia, Rudolph. Blankenburg, Mayor et al. Bill in equity to enjoin the defendants from enforcing a city ordinance. .The material portions of the ordinance in question are as follows: “It is hereby made unlawful and declared to be a nuisance to keep hogs or swine in any part of the city of Philadelphia, except within the limits hereinafter described: provided, that this section shall not apply to…
1Opinion of the Court
Opinion by
Orlady, J.,
This appeal is taken by the plaintiffs from a decree made by the court below in dismissing a bill in equity *444brought by them, to restrain the mayor and the director of the department of public health and charities of the city of Philadelphia, from enforcing an ordinance of the city “declaring it to be a nuisance and making it unlawful to keep hogs or swine in the city of Philadelphia, except within certain limits; or in any part thereof excepting in a sanitary manner; and providing penalties for the violation of the ordinance.”
The learned judge correctly held that the only…
2Cases cited8 opinions
- Baldwin v. City of PhiladelphiaSupreme Court of Pennsylvania · 1881
- Commonwealth v. PatchMassachusetts Supreme Judicial Court · 1867
- Klingler v. BickelSupreme Court of Pennsylvania · 1887
- Miller v. Town of SyracuseIndiana Supreme Court · 1907
- Commonwealth v. AldenMassachusetts Supreme Judicial Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lenon v. PorterSuperior Court of Pennsylvania · 1916
- Township of Neshannock v. Bradley, Pennsylvania Court of Common Pleas, Lawrence County1944