Sewickley Borough v. Sholes
Supreme Court of Pennsylvania
APPEAL FROM THE COURT OF COMMON PLEAS NO. 2. OF ALLEGHENY COUNTY. No. 27 October Term 1887, Sup. Ct.; court below, No. 237 April Term 1886, C. P. in equity.
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APPEAL FROM THE COURT OF COMMON PLEAS NO. 2. OF ALLEGHENY COUNTY. No. 27 October Term 1887, Sup. Ct.; court below, No. 237 April Term 1886, C. P. in equity. The borough of Sewickley is the owner in fee of about eighty-seven acres of land in Aleppo township, on which is erected a water-works, owned and operated by “ The Commissioners of Sewickley Water Works,” incorporated by the act of February 21, 1873, P. L. 147, and which is used exclusively for the supply of water to the inhabitants of said borough and vicinity. The company has no capital stock and pays no taxes either to the township or…
1Opinion of the Court
Opinion,
Mr. Justice Green :
When the case of The County of Erie v. The Commissioners of Erie, 113 Pa. 368, was before us no question was raised as to the constitutionality of the proviso clause of the act of May 14,1874. No assignment of error to the decision of the court below presented that question. It was not raised or decided in the court below. It was not presented to us either in the paper books or in the oral argument. It was not before us in any manner whatever, and of course it was neither discussed nor decided. It is before us now, however, by a distinct assignment of error, and…
2Cases cited3 opinions
- In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885
- County of Erie v. City of ErieSupreme Court of Pennsylvania · 1886
- County of Erie v. Commissioners of Water WorksSupreme Court of Pennsylvania · 1886
3Cited by18 opinions
- Dornan v. Philadelphia Housing AuthoritySupreme Court of Pennsylvania · 1938
- Philadelphia v. BarberSupreme Court of Pennsylvania · 1894
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Crabbs v. StateIndiana Supreme Court · 1923
- Christian Ass'n v. City of PhiladelphiaSuperior Court of Pennsylvania · 1921
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