McFate's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Crawford county: In Equity: Of January Term, 1884, No. 236, . This was an appeal by William A. McFate, John H. Homan and.
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Appeal from the Common Pleas of Crawford county: In Equity: Of January Term, 1884, No. 236, . This was an appeal by William A. McFate, John H. Homan and. Elizabeth Homan, from a decree of said court, dismissing a bill in equity filed by them against the borough of Cochranton, James Fleming,, burgess, and D. H. McFate and ’others, members of the council of said borough, wherein the plaintiffs sought to restrain the defendants from exercising the jurisdiction of said borough over certain lands belonging to the plaintiffs, which they averred were not within the borough limits. An answer, was…
1Opinion of the CourtJustice Trunkey
By the Act of April 3,1851, the Courts of Quarter Sessions “ shall have power, as provided by law, to incorporate boroug'hs, without regard to the population thereof, which shall be subject to the provisions o'f this Act.” The mode of proceeding is prescribed by the Act of 1834, and that Act remains in force so far as it is not repugnant to, and is not altered or supplied by later enactments. If the several statutes relating to boroughs can stand together, the prior are not abrogated by the posterior. This is well settled, as shown in the opinions of the master and the learned judge of the…
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