O'Maley v. Borough of Freeport
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Armstrong county: Of October and November Term 1880, No. 233. In Equity. Bill in equity filed by James O’Maley against the borough of Freeport and others. Defendants demurred to the bill.
Read the full summary
Appeal from the Court of Common Pleas of Armstrong county: Of October and November Term 1880, No. 233. In Equity. Bill in equity filed by James O’Maley against the borough of Freeport and others. Defendants demurred to the bill. The facts are sufficiently stated in the following opinion of Neale, P. J.: “ These proceedings arise from the attempted enforcement of an ordinance of the borough of Freeport, passed the 4th of February 1878, relating to the sale and delivery of coal, &c., in the borough of Freeport. The bill filed by the plaintiff, avers: 1. That he is engaged in mining and the coal…
1Opinion of the CourtJustice Gordon
*30This case was determined in the court below on a demurrer to the bill, hence in this court it must stand or fall on the face of the bill.. So far as we can discover, nothing has been put in issue by the pleadings but the power of the borough to make an ordinance, such as the one in controversy. The counsel for the plaintiff, in his argument, inter alia, contends for a strict construction of the ordinance; that it is operative only upon those who both sell and deliver coal within the borough limits. If, however, for argument’s sake, we admit of a construction so exceedingly strict as this,…
2Cited by15 opinions
- Adams v. New KensingtonSupreme Court of Pennsylvania · 1947
- Duquesne City v. FinckeSupreme Court of Pennsylvania · 1920
- City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
- Philadelphia v. BrabenderSuperior Court of Pennsylvania · 1901
- People v. St. JohnCalifornia Court of Appeal · 1930
10 more not listed; retrieve them via the Exa API.