Swartz v. Carlisle Borough
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1912, by plaintiff, from decree of C. P. Cumberland Co., Jan. T., 1911, No. 1? dismissing bill in equity in case óf G. Wilson Swartz v. Carlisle Borough.-' Bill in equity to enjoin the issuing of municipal bonds. Before Sadler, P. J. The case turned upon the constitutionality of the Act of June 19, 1911, P. L. Í044, the material provisions of "which are quoted in the opinion of the Supreme Court. Tlie court entered a decree dismissing tlie bill.
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Appeal, No. 260, Jan. T., 1912, by plaintiff, from decree of C. P. Cumberland Co., Jan. T., 1911, No. 1? dismissing bill in equity in case óf G. Wilson Swartz v. Carlisle Borough.-' Bill in equity to enjoin the issuing of municipal bonds. Before Sadler, P. J. The case turned upon the constitutionality of the Act of June 19, 1911, P. L. Í044, the material provisions of "which are quoted in the opinion of the Supreme Court. Tlie court entered a decree dismissing tlie bill. Error assigned was the decree of the court. — A statute which is repugnant to the Constitution is void no matter whether on…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
At a special election held for the purpose, a majority of the electors voted in favor of increasing the indebtedness of the appellee borough for the purpose of constructing a main sewer, installing a disposal plant, and providing for proper drainage. The returns represented the will of a majority of the electors as expressed by their votes at the election. There is no charge of fraud, or of unfair methods in the conduct of the election, nor is it asserted that a majority of the voters did not favor the increase of indebtedness for the purposes stated. It is urged,…
2Cases cited13 opinions
- Read v. PlattsmouthSupreme Court of the United States · 1883
- Schneck v. City of JeffersonvilleIndiana Supreme Court · 1898
- Bolles v. BrimfieldSupreme Court of the United States · 1887
- Grim v. Weissenberg School DistrictSupreme Court of Pennsylvania · 1868
- Donley v. City of PittsburghSupreme Court of Pennsylvania · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Garr v. FulsSupreme Court of Pennsylvania · 1926
- Borough of Huntingdon v. DorrisSuperior Court of Pennsylvania · 1922
- Malicks' PetitionSuperior Court of Pennsylvania · 1939
- Sambor v. HadleySupreme Court of Pennsylvania · 1927
- Wilson v. BlaineSupreme Court of Pennsylvania · 1918
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