Legal Opinion

Melvin v. Summerville

Supreme Court of Pennsylvania

Decided November 4, 1904No. Appeal, No. 164PublishedCited by 8 opinions

Appeal, No. 164, Oct. T., 1904, by plaintiff from decree of C. P. Clarion Co., Feb. T., 1904, No. 1, on bill in equity in case of P. 11. Melvin v. J. A. Summer-ville et al., Commissioners of Clarion County.

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Appeal, No. 164, Oct. T., 1904, by plaintiff from decree of C. P. Clarion Co., Feb. T., 1904, No. 1, on bill in equity in case of P. 11. Melvin v. J. A. Summer-ville et al., Commissioners of Clarion County. Bill in equity to restrain the erection of a poorhouse under a contract not approved by the court of common pleas as required by tlie act of April 19, 1895. Wilson, P. J., found the facts to be as follows : Under the provisions of the Act of June 4, 1879, P. L. 78, a petition and recommendation signed by a majority of tlie overseers of the poor then in office in the county of Clarion was…

1Opinion of the Court

Opinion by

Mb. Chief Justice Mitchell,

The question in this ease is thus concisely stated by the learned judge below, does either the local Act of April 4, 1870, P. L. 834, or the general Act of April 19,1895, P. L. 38, apply to the erection of a poorhouse on a contract made for the Clarion county poor district by the county commissioners under the general Act of June 4, 1879, P. L. 78.

*43In Com. ex. rel. v. Brown, 210 Pa. 29, it is held that the act of 1870 is not repealed by the act of 1895, and we have now to consider whether either of them applies to and controls the act of 1879.

The act of…

2Cases cited3 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
  2. Commonwealth ex rel. Kostenbader v. CoyleSupreme Court of Pennsylvania · 1898
  3. Township of Cumru v. Directors of Poor for BerksSupreme Court of Pennsylvania · 1886

3Cited by8 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Commonwealth v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1908
  3. Commonwealth Ex Rel. v. WoodwardSuperior Court of Pennsylvania · 1928
  4. United States Fidelity & Guaranty Co. v. Pennsylvania ex rel. Clarion County Poor Dist.Court of Appeals for the Third Circuit · 1911
  5. Commonwealth v. BowditchSupreme Court of Pennsylvania · 1907

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