Commonwealth v. Borough
Supreme Court of Pennsylvania
Appeal, No. 72, Oct. T., 1921, by defendant, from order of C. P. Cambria Co., Dee. T., 1919, No. 6, awarding peremptory mandamus, in case of Commonwealth ex rel. D. P. Weimer, District Attorney, v. Burgess and Town Council of the Borough of Dale. Petition for mandamus. Before Stephens, P. J. The opinion of the Supreme Court states the facts. Mandamus awarded. Defendant appealed. Error assigned, inter alia, was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The Borough of Dale adjoins the City of Johnstown, and certain of its citizens desired that it be annexed thereto. A petition, purporting to be signed by three-fifths of the taxable inhabitants, was presented to the town council, requesting that appropriate municipal action be taken to effect this end. After investigation, the borough authorities determined that the requisite number of signers, as fixed by the Act of July 6, 1917, P. L. 751, had failed to join. Further, the existence of any valid legislation requiring the passage of an ordinance, such as asked…
2Cases cited9 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Payne v. School DistrictSupreme Court of Pennsylvania · 1895
- Quinn v. Cumberland CountySupreme Court of Pennsylvania · 1894
- Fedorowicz v. BrobstSupreme Court of Pennsylvania · 1916
- In re Borough of PottstownSupreme Court of Pennsylvania · 1888
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3Cited by11 opinions
- Commonwealth v. SweeneySupreme Court of Pennsylvania · 1924
- Commonwealth v. Fireman's Fund InsuranceSupreme Court of Pennsylvania · 1952
- Wilkes-Barre v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1948
- Investor's Realty Co. v. HarrisburgSupreme Court of Pennsylvania · 1924
- Lancaster City Annexation CaseSupreme Court of Pennsylvania · 1953
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