Allentown v. Wagner
Supreme Court of Pennsylvania
Appeal, No. 162, Jan. T., 1905, by defendants, from judgment of Superior Court Oct. T., 1904, No. 30, affirming decree of C. P. Lehigh Co., April T., 1904, No. 2, awarding perpetual injunction in case of City of Allentown and C. J. Otto, President of the Board of Health, v. Robert A. Wagner et al., Directors of the School District of Salisbury Township, Lehigh County, and the Board of Health of said Township. Appeal from Superior Court. See 27 Pa.
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Appeal, No. 162, Jan. T., 1905, by defendants, from judgment of Superior Court Oct. T., 1904, No. 30, affirming decree of C. P. Lehigh Co., April T., 1904, No. 2, awarding perpetual injunction in case of City of Allentown and C. J. Otto, President of the Board of Health, v. Robert A. Wagner et al., Directors of the School District of Salisbury Township, Lehigh County, and the Board of Health of said Township. Appeal from Superior Court. See 27 Pa. Superior Ct. 485. The opinion of the Supreme Court states the case. Error assigned was judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
Section 2 of the Act of March 30, 1903, P. L. 115, enacts that clause 22 of section 3, article 5, of the Act of May 23, 1889, P. L. 277, shall be amended to read, “To erect or purchase, establish and maintain, hospitals, prisons, workhouses, and houses of correction for juvenile and other offenders, and to prescribe regulations for the government thereof, and also to erect all public buildings necessary for the use of the city and of any department thereof; to purchase or take, use and occupy private lands upon which to erect any of the said buildings; to…
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