Marshall v. Borough of Ellwood City
Supreme Court of Pennsylvania
Appeal, No. 203, Oct. T., 1898, by plaintiff, from decree of C. P. Lawrence Co., March T., 1898, No. 1, on bill in equity. Bill in equity to have an ordinance and municipal contract declared illegal and void.
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Appeal, No. 203, Oct. T., 1898, by plaintiff, from decree of C. P. Lawrence Co., March T., 1898, No. 1, on bill in equity. Bill in equity to have an ordinance and municipal contract declared illegal and void. Before Wallace, P. J. The court found the following facts : 1. Ellwood City is a borough duly incorporated, having its borough council. 2. The Ellwood Water Company is a corporation duly incorporated. 3. H. N. Marshall is a taxpayer of the borough of Ellwood City. 4. Samuel A. Roelofs, at the time of the passage of the ordinance providing for the contract- with the Ellwood Water-Company,…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It is expressly found as a fact by the learned court below that Roelofs was a member of the borough council at the time of the enactment of the ordinance in question. He was also at the same time a stockholder and secretary of the Ellwood Water Company. It is beyond all question that under the 66th section of the criminal code of March 31, 1860, P. L. 400, he was disqualified from holding the position of councilman, both on account of his membership, and of his office as secretary of the water company. The decisions of this Court in the cases of Milford v. Milford…
2Cases cited2 opinions
- Borough of Milford v. Milford Water Co.Supreme Court of Pennsylvania · 1889
- Trainer v. WolfeSupreme Court of Pennsylvania · 1891
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