City of Allentown v. Wagner
Superior Court of Pennsylvania
Appeal, No. 30, Oct. T., 1904, by defendant, from decree of C. P. Lehigh Co., April T., 1904, No. 2, awarding perpetual injunction in case of City of Allentown and C. J. Otto, President of the Board of Health, v. Robert A. Wagner et. al., Directors of the School District of Salisbury Township, Lehigh County, and the Board of Health of said Township. Bill in equity for an injunction. Before Trexler, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 30, Oct. T., 1904, by defendant, from decree of C. P. Lehigh Co., April T., 1904, No. 2, awarding perpetual injunction in case of City of Allentown and C. J. Otto, President of the Board of Health, v. Robert A. Wagner et. al., Directors of the School District of Salisbury Township, Lehigh County, and the Board of Health of said Township. Bill in equity for an injunction. Before Trexler, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was decree awarding the perpetual injunction.
1Opinion of the Court
Opinion by
Oklady, J.,
The appellee, the plaintiff helow,.is a city of the third class under the laws of this commonwealth, and has a duly organized hoard of health, with proper officers to carry into effect its powers and perform its duties. The appellants, the defendants below, are the duly elected and acting directors of the school district of the township of Salisbury; who, by the Act of April 11, 1899, P. L. 38, in addition to the powers vested in them by existing laws, are authorized to act as a board of health *488and have full power and authority to make all needful rules and regulations to…
2Cases cited18 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
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3Cited by2 opinions
- Democratic County Committee AppealSupreme Court of Pennsylvania · 1964
- Lesniak v. Lawler, Pennsylvania Court of Common Pleas, Lackawanna County1937