Legal Opinion

In re Dupont Borough Council

Pennsylvania Court of Common Pleas, Luzerne County

Decided March 20, 1950No. 171Published

1Opinion of the Court

Valentine, P. J.,

Petitioners, resident taxpayers of the Borough of Dupont, seek the removal of certain members of the borough council upon the allegation that they have violated sundry provisions of the Borough Code. Respondents, con*215tending that under Pa. R. C. P. 1017 jurisdictional questions are properly raised by preliminary objections, filed the following objections:

“1. There is no provision in the Borough Code enabling the court to declare vacant councilmanie offices for violation of the alleged mandatory provisions as set forth in the petition.
“2. The court is without jurisdiction to…

2Cases cited8 opinions

  1. Lloyd v. SmithSupreme Court of Pennsylvania · 1896
  2. Bowman's CaseSupreme Court of Pennsylvania · 1909
  3. Commonwealth ex rel. Braughler v. WeirSupreme Court of Pennsylvania · 1895
  4. Commonwealth ex rel. Vesneski v. ReidSupreme Court of Pennsylvania · 1919
  5. Commonwealth Ex Rel. v. DavisSupreme Court of Pennsylvania · 1930

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