Plymouth Borough
Supreme Court of Pennsylvania
Appeal, No. 413, Jan. T., 1895, by Plymouth township, from order of Q. S. Luzerne Co., Nov. T., 1893, No. 249, dismissing exceptions to finding of grand jury. Petition for annexation of a portion of Plymouth township to Plymouth borough. From the record it appeared that when the grand jury was prepared to investigate the case, counsel for petitioners challenged the right of R. N. Smith, one of the grand jurors, to sit during the investigation.
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Appeal, No. 413, Jan. T., 1895, by Plymouth township, from order of Q. S. Luzerne Co., Nov. T., 1893, No. 249, dismissing exceptions to finding of grand jury. Petition for annexation of a portion of Plymouth township to Plymouth borough. From the record it appeared that when the grand jury was prepared to investigate the case, counsel for petitioners challenged the right of R. N. Smith, one of the grand jurors, to sit during the investigation. Mr. Smith was called to the bar and admitted that he lived in the borough, that he was the owner of rented property in the annexed district and was…
1Opinion of the Court
Per Curiam,
The grand juror named in the first specification was challenged for cause which the court regarded as sufficient to disqualify him from hearing and participating in the decision of this case. There was no error in this. The conclusion reached by the learned judge was fully warranted by the evidence before him. There was no error in holding that the 30th section of the act of 1851, under which this proceeding was had, was not repealed by the acts of 1879 and 1883. They may well stand together. The record discloses no error in dismissing the exceptions and entering the decree…
2Cited by6 opinions
- Jenner Township Annexation CaseSupreme Court of Pennsylvania · 1967
- Jenner Township Annexation CaseSuperior Court of Pennsylvania · 1966
- Snyder's AppealSupreme Court of Pennsylvania · 1930
- Appeal From Ordinance, PittsburghSuperior Court of Pennsylvania · 1930
- Jenner Township Annexation CaseSupreme Court of Pennsylvania · 1967
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