Commonwealth v. Bowman
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1908, by defendants, from judgment of C. P. Cumberland Co., Sept. T., 1906, No. 197, sustaining demurrer to answer to petition for mandamus in case of Commonwealth ex rel. District Attorney v. J. Van Bowman .et al. Demurrer to answer to petition for mandamus. The opinion of the Superior Court states the case.
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Appeal, No. 2, March T., 1908, by defendants, from judgment of C. P. Cumberland Co., Sept. T., 1906, No. 197, sustaining demurrer to answer to petition for mandamus in case of Commonwealth ex rel. District Attorney v. J. Van Bowman .et al. Demurrer to answer to petition for mandamus. The opinion of the Superior Court states the case. Error assigned was judgment .sustaining demurrer to answer to petition for mandamus. — If the title misleads or fails to give notice of the relief of the township from the burden of maintenance, and the imposition of this burden upon the county, then the act…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellants except to the decree of the court below on the ground that the act of assembly under which the proceeding was instituted is unconstitutional. The first objection is that its title is defective and, therefore, repugnant to the third sec*413tion of article III, of the constitution. The title is “An Act to provide for the repair and maintenance or improvement, by the proper county, city or borough, of turnpikes heretofore or hereafter appropriated or condemned, or any part thereof, for public use free of tolls.” Then follows the enactment of the first section “…
2Cases cited10 opinions
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Stegmaier v. JonesSupreme Court of Pennsylvania · 1902
- Evans v. PhillipiSupreme Court of Pennsylvania · 1887
- Searight's EstateSupreme Court of Pennsylvania · 1894
- In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- West Virginia Pulp & Paper Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1915
- Young v. FetterolfSupreme Court of Pennsylvania · 1935
- Clarion County v. Clarion TownshipSupreme Court of Pennsylvania · 1908
- Winters v. KoontzSuperior Court of Pennsylvania · 1915
- Allegheny County Commissioners' CaseSuperior Court of Pennsylvania · 1915
6 more not listed; retrieve them via the Exa API.