Legal Opinion

Somerset Township Supervisors v. Somerset County Commissioners

Supreme Court of Pennsylvania

Decided October 28, 1915No. Appeal, No. 187PublishedCited by 1 opinion

Appeal, No. 187, Oct. T., 1915, by defendants, from order of Superior Court, April T., 1915, No. 197, reversing order of C. P. Somerset Co., refusing mandamus, in case of William Winters, Charles Frank and Nelson Mosholder, Supervisors of Somerset Township, v. Jacob Koontz, C. C. Heckle and Millard Walker, Commissioners of Somerset County. Appeal from Superior Court.

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Appeal, No. 187, Oct. T., 1915, by defendants, from order of Superior Court, April T., 1915, No. 197, reversing order of C. P. Somerset Co., refusing mandamus, in case of William Winters, Charles Frank and Nelson Mosholder, Supervisors of Somerset Township, v. Jacob Koontz, C. C. Heckle and Millard Walker, Commissioners of Somerset County. Appeal from Superior Court. The opinion of the Superior Court by Kephart, J., is as follows: In the opinion dismissing the petition of the Supervisors of Somerset Township for a mandamus compelling the county commissioners to maintain and keep in repair an…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

On the record as made in the Common Pleas and under our allowance of appeal from the Superior Court, the only question before us is whether the Act of April 25, 1907, P. L. 104, is constitutional. The court below declared the act void because its title did not “clearly express the subject-matter of the bill in conformity with the Constitution.” The Superior Court reversed and held the act in question to be valid legislation, citing: Com. v. Van Bowman, 35 Pa. Superior Ct. 410; Clarion County v. Clarion Township, 36 Pa. Superior Ct. 302; id., 222 Pa. 350; East…

2Cases cited5 opinions

  1. Borough of Mt. Joy v. Lancaster, Elizabethtown & Middletown Turnpike Co.Supreme Court of Pennsylvania · 1897
  2. Commonwealth v. BowmanSuperior Court of Pennsylvania · 1908
  3. Clarion County v. Clarion TownshipSupreme Court of Pennsylvania · 1908
  4. East White-Land Township v. Chester CountySupreme Court of Pennsylvania · 1912
  5. Clarion County v. Clarion TownshipSuperior Court of Pennsylvania · 1908

3Cited by1 opinion

  1. Commonwealth v. White, Pennsylvania Court of Common Pleas, Westmoreland County1945

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