Pittsburg's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Allegheny county: In Equity: Of October and November Term 1875, No. 132. The bill in this case was filed November 29th 1873, by James Kelly against the city of Pittsburg and others, officers of the city, to restrain them from exercising municipal authority over any part of Wilkins township, in pursuance of an ordinance passed by the councils of the city for that purpose.
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Appeal from the Court of Common Pleas, No. 2, of Allegheny county: In Equity: Of October and November Term 1875, No. 132. The bill in this case was filed November 29th 1873, by James Kelly against the city of Pittsburg and others, officers of the city, to restrain them from exercising municipal authority over any part of Wilkins township, in pursuance of an ordinance passed by the councils of the city for that purpose. By the first section of an Act of Assembly, passed May 10th 1871, Pamph. L. 718, it was provided “ that the city of Pittsburg shall be and is hereby authorized to admit into…
1Opinion of the Court
Mr. Justice Gokdón
'delivered the opinion of the court, January 6th 1876.
Under what authority does the city of Pittsburg assume to have acted in annexing the territories of an adjacent municipality to itself? This is an unusual and extraordinary assumption, and in order to justify it a warrant from the supreme power in the state must be shown. • *
No presumption can be invoked in favor of such a power, for it is strange and unique, and unless some legislative grant, containing it in terms, is produced, we must pronounce the exercise thereof, in the present oase, a mere usurpation.
For such…
2Cases cited1 opinion
- Case of West PhiladelphiaSupreme Court of Pennsylvania · 1843
3Cited by13 opinions
- Whitney v. Jersey Shore BoroughSupreme Court of Pennsylvania · 1920
- Wolff Chemical Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1907
- Griffith v. McCandless TownshipSupreme Court of Pennsylvania · 1951
- Red River Valley Brick Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Sample v. PittsburgSupreme Court of Pennsylvania · 1905
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