In re Millbourne Borough
Superior Court of Pennsylvania
Appeal, No. 252, Oct. T., 1909, by Howard Sellers et al., from decree of Q. S. Delaware Co., Mise. Q. S. 345, incorporating the borough of Millbourne. Petition to incorporate the proposed borough of Millbourne. Before Johnson, P. J. The proposed borough limits comprised forty-five acres of land in the northeast corner of Upper Darby township, a township of the first class in Delaware county, directly adjoining the city of Philadelphia.
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Appeal, No. 252, Oct. T., 1909, by Howard Sellers et al., from decree of Q. S. Delaware Co., Mise. Q. S. 345, incorporating the borough of Millbourne. Petition to incorporate the proposed borough of Millbourne. Before Johnson, P. J. The proposed borough limits comprised forty-five acres of land in the northeast corner of Upper Darby township, a township of the first class in Delaware county, directly adjoining the city of Philadelphia. Further facts appear in the opinion of the Superior Court. Error assigned was decree incorporating the borough.
1Opinion of the Court
Opinion by
Henderson, J.,
It has been settled by numerous decisions that an appeal from a decree of the court of quarter sessions creating a borough is to be disposed of as if the writ were a certiorari and that the Act of May 9,1889, P. L. 158, giving to the proceeding the form of an appeal did not change its essential nature. No right of appeal was allowed to review such a case on its merits prior to the passage of that act and it does not expand the law theretofore existing so that the evidence may be examined and reviewed to determine the propriety of the decree. A reference to Camp Hill…
2Cases cited11 opinions
- Annexation to Borough of Camp HillCumberland County Court of Quarter Sessions · 1891
- Dempster v. United Traction Co.Supreme Court of Pennsylvania · 1903
- Borough of Blooming ValleySupreme Court of Pennsylvania · 1867
- Incorporation of MoosicSuperior Court of Pennsylvania · 1900
- Incorporation of NarberthSupreme Court of Pennsylvania · 1895
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3Cited by6 opinions
- South Connellsville Borough IncorporationSuperior Court of Pennsylvania · 1911
- East Lansdowne BoroughSuperior Court of Pennsylvania · 1912
- Haverford Township v. WilfongSuperior Court of Pennsylvania · 1915
- Sinking Spring BoroughSuperior Court of Pennsylvania · 1913
- Appeal of Upper Yoder TownshipSuperior Court of Pennsylvania · 1920
1 more not listed; retrieve them via the Exa API.