Township of Upper Darby v. Borough of Lansdowne
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. Term, 1896, by The borough of Landsdowne, one of the defendants, from decree of C. P. Delaware Co., Sept. T. 1893, No. 9, on bill in equity. Bill in equity to accomplish a separation and apportionment of the debt of the township of Upper Darby between the said township and the borough of Lansdowne.
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Appeal, No. 96, Jan. Term, 1896, by The borough of Landsdowne, one of the defendants, from decree of C. P. Delaware Co., Sept. T. 1893, No. 9, on bill in equity. Bill in equity to accomplish a separation and apportionment of the debt of the township of Upper Darby between the said township and the borough of Lansdowne. The case was referred to H. P. Green, Esq., as master, who reported as follows: From the evidence produced before your master and examiner it appeared that the borough of Lansdowne was incorporated under a decree of the court of quarter sessions of Delaware county, made on the…
1Opinion of the Court
Pm CtmiAM,
The decree appealed from in this case is well made, and conforms to the spirit and letter of the act of the 12th day of June, 1878. The powers of the court are limited to an adjustment of the common indebtedness between the township and borough so that each may levy and collect through its own machinery the amount determined by the court to be its proper share. The act gives to the court no power over the creditor. Each body remains liable to him for the whole of the indebtedness; but as between themselves the amount to be paid by the township and borough respectively is fixed, so…
2Cited by4 opinions
- Pleasant Hills Borough v. Jefferson TownshipSupreme Court of Pennsylvania · 1953
- Valley Township v. Coatesville BoroughSuperior Court of Pennsylvania · 1912
- Munhall Borough v. Mifflin TownshipSupreme Court of Pennsylvania · 1904
- Sprague v. Salisbury Township School District, Pennsylvania Court of Common Pleas, Lehigh County1934