Legal Opinion

Smith v. McCarthy

Supreme Court of Pennsylvania

Decided November 21, 1867PublishedCited by 25 opinions

Bill in equity in the Supreme Court, Western District: No. 55, to October and November Term, by William H. Smith and others, citizens of the city of Pittsburg, the borough of Lawrence-ville and of the townships of Pitt, Oakland, Collins, Liberty and Peebles, against William C. McCarthy, mayor of Pittsburg and others, election officers within the city, borough and townships above mentioned.

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Bill in equity in the Supreme Court, Western District: No. 55, to October and November Term, by William H. Smith and others, citizens of the city of Pittsburg, the borough of Lawrence-ville and of the townships of Pitt, Oakland, Collins, Liberty and Peebles, against William C. McCarthy, mayor of Pittsburg and others, election officers within the city, borough and townships above mentioned. The bill states that the defendants claim that, the said city, borough and townships having been consolidated into one municipal corporation under the name of the City of Pittsburg, by virtue of an Act of…

1Opinion of the Court

The opinion of the court was delivered, November 21st 1867, by

Thompson, J.

We are asked to enjoin the defendants from holding an election for members of the councils, mayor and other city officers for the city of Pittsburg, on the second Tuesday of December next, which it is charged they threaten to hold under the provisions of an Act of Assembly passed the 6th day of April, A. d. 1867, entitled “ A further supplement to the acts incorporating the city of Pittsburg,” Pamph. L. 1867, p. 846.

The act provides for incorporating into the city of Pittsburg certain territory therein described,…

2Cited by25 opinions

  1. Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
  2. Turco Paint & Varnish Co. v. KalodnerSupreme Court of Pennsylvania · 1936
  3. O'Neil v. Am. Fire Ins.Supreme Court of Pennsylvania · 1895
  4. Lutterloh v. City of FayettevilleSupreme Court of North Carolina · 1908
  5. Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915

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