Legal Opinion

Nelson v. Warren Borough

Supreme Court of Pennsylvania

Decided October 11, 1901No. Appeal, No. 257Published

Appeal, No. 257, Jan. T., 1900, by-defendant, from decrees of C. P. Warren Co. Dec. T., 1899, No 35, on bill in equity in case of John Nelson and Martin Nelson y. Warren Borough et al., and Warren Water Company v. Warren Borough. Bill in equity for an injunction. The bill was filed to restrain the borough of Warren from issuing bonds for the purpose of securing money to erect and build a waterworks.

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Appeal, No. 257, Jan. T., 1900, by-defendant, from decrees of C. P. Warren Co. Dec. T., 1899, No 35, on bill in equity in case of John Nelson and Martin Nelson y. Warren Borough et al., and Warren Water Company v. Warren Borough. Bill in equity for an injunction. The bill was filed to restrain the borough of Warren from issuing bonds for the purpose of securing money to erect and build a waterworks. It appeared that in 1881 and 1889 the borough had made contracts with the Warren Water Company to supply the borough with water. It was claimed that notwithstanding these contracts the borough had…

1Opinion of the Court

Opinion by

Mb. Justice Dean,

On May 23, 1898, the borough of Warren passed an ordinance, to build municipal waterworks to furnish water for the use of the borough, and the inhabitants thereof, and ordering an election to take the sense of the voters on creating a bonded indebtedness of $50,000, to raise money for the purpose. The election was held and there was a large majority in favor of the increase of indebtedness. The council then were about to issue bonds for the increase of the borough indebtedness. It is claimed these proceedings were had under the authority of a special act of…

2Cases cited3 opinions

  1. Borough of Ashland v. HauptSupreme Court of Pennsylvania · 1889
  2. Metzger v. Borough of Beaver FallsSupreme Court of Pennsylvania · 1896
  3. Wilson v. Borough of RochesterSupreme Court of Pennsylvania · 1897

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