Legal Opinion

In re the Incorporation of Borough of Emsworth

Superior Court of Pennsylvania

Decided July 23, 1897No. Appeal, No. 64PublishedCited by 9 opinions

Appeal, No. 64, April T., 1897, by Joseph T. Ritchie et al., from decree of Q. S. Allegheny Co., Dec. Sess., 1895, No. 21, incorporating the borough of Emsworth. Petition for the incorporation of the villages of Clifton and Emsworth into a borough. Before EwenTG-, P. J. On January 18,1896, a petition was presented ashing for the incorporation of the villages of Clifton and Emsworth into a borough.

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Appeal, No. 64, April T., 1897, by Joseph T. Ritchie et al., from decree of Q. S. Allegheny Co., Dec. Sess., 1895, No. 21, incorporating the borough of Emsworth. Petition for the incorporation of the villages of Clifton and Emsworth into a borough. Before EwenTG-, P. J. On January 18,1896, a petition was presented ashing for the incorporation of the villages of Clifton and Emsworth into a borough. The court directed notice of the intended incorporation to be given as required by law. Affidavit of notice in accordance with the provisions of the Act of June 25, 1895,-P. L. 389 was duly filed. A…

1Opinion of the Court

Opinion by

Rice, P. J.,

The first question to be considered is, whether the Act of June 26, 1895, P. L. 389, entitled “ An act to change the proceedings for the incorporation of boroughs,” etc., repealed the provision of the first section of the Act of June 2, 1871, P. L. 283, which reads: “ And public notice of the intended application for a borough charter shall be given in at least one newspaper of the proper county, for a period of not less than thirty days immediately before the petition shall be presented.” The question of the repeal of statutes by implication is one of legislative…

2Cases cited15 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Ex parte PollardSupreme Court of Alabama · 1866
  3. People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
  4. Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
  5. Lloyd v. SmithSupreme Court of Pennsylvania · 1896

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3Cited by9 opinions

  1. Murdoch v. BierySupreme Court of Pennsylvania · 1921
  2. Gordon v. WinnebergerSupreme Court of Pennsylvania · 1933
  3. Commonwealth v. BowmanSuperior Court of Pennsylvania · 1908
  4. Keystone State Telephone & Telegraph Co. v. Ridley Park BoroughSuperior Court of Pennsylvania · 1905
  5. Clarion County v. Clarion TownshipSupreme Court of Pennsylvania · 1908

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