Legal Opinion

Everson Borough

Superior Court of Pennsylvania

Decided May 14, 1906No. Appeal, No. 47PublishedCited by 1 opinion

Appeal, No. 47, April T., 1906, by the School District of Upper Tyrone Township, from order of Q. S. Fayetté, Go., March T., 1903, No. 191, discharging rule to set aside decree in matter of the incorporation of Everson Borough. Rule to set aside decree. Umbel, J., stated the facts as follows : December 7, 1903, a portion of Upper Tyrone township was incorporated into a borough under the name and style of the borough of Everson.

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Appeal, No. 47, April T., 1906, by the School District of Upper Tyrone Township, from order of Q. S. Fayetté, Go., March T., 1903, No. 191, discharging rule to set aside decree in matter of the incorporation of Everson Borough. Rule to set aside decree. Umbel, J., stated the facts as follows : December 7, 1903, a portion of Upper Tyrone township was incorporated into a borough under the name and style of the borough of Everson. Before the incorporation of the borough the school district of Upper Tyrone township had incurred an indebtedness of several thousand dollars, a large portion of which…

1Opinion of the Court

Opinion by

Rice, P. J.,

By the incorporation of a portion of a township as a borough a new school district is formed within the meaning of the eleventh section of the Act of April 11, 1862, P. L. 471: In re Abington School District, 84 Pa. 179. The section provides as follows : “ When a new school district is formed, the court establishing the same shall determine, on hearing, whether an undue proportion of the real estate and schoolhouses, belonging to the old district or districts, are within the bounds of the new district, and if so, how much money shall be paid therefor by the new to the…

2Cases cited3 opinions

  1. Munhall Borough School District v. Mifflin Township School DistrictSupreme Court of Pennsylvania · 1904
  2. In re Abington School DistrictSupreme Court of Pennsylvania · 1877
  3. Rouseville Borough School District v. Cornplanter Township School DistrictSuperior Court of Pennsylvania · 1905

3Cited by1 opinion

  1. In re Lower Saucon Township School District, Pennsylvania Court of Common Pleas, Northampton County1931

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