Legal Opinion

Incorporation of Wayne

Superior Court of Pennsylvania

Decided January 17, 1900No. Appeal, No. 150PublishedCited by 3 opinions

Appeal, No. 150, Oct. T., 1899, by Frank Weckerly et al., for themselves and on behalf of their copetitioners, from decree of Q. S. Delaware Co., taxing costs, in the proceedings for the incorporation of the borough of Wayne, and directing same to be paid by petitioners. Appeal from the taxation of costs in the matter of borough incorporation.

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Appeal, No. 150, Oct. T., 1899, by Frank Weckerly et al., for themselves and on behalf of their copetitioners, from decree of Q. S. Delaware Co., taxing costs, in the proceedings for the incorporation of the borough of Wayne, and directing same to be paid by petitioners. Appeal from the taxation of costs in the matter of borough incorporation. Before Clayton, P. J. It appears from the record that the court entered a decree incorporating the borough of Wayne, and that pending appeal the record not having been removed, the court duly modified its decree so far as it related to costs, so as to…

1Opinion of the Court

Opinion by

W. D. Porter, J.,. In a proceeding to incorporate the borough of Wayne, the court, of its own motion, referred the whole case to a master, and subsequently entered a decree of incorporation based upon the master’s report. Upon an appeal from said decree, by Hildebrand and others, we have, this day, entered a judgment of reversal; for the reason that, in a proceeding to incorporate a borough, the court of quarter sessions is without authority to appoint a master. In the original decree, the court ordered the costs to be paid by the borough. On July 10, 1899, after an appeal had been…

2Cases cited3 opinions

  1. Steele v. LinebergerSupreme Court of Pennsylvania · 1872
  2. Caldwell v. MillerSupreme Court of Pennsylvania · 1863
  3. Allegheny County v. WattSupreme Court of Pennsylvania · 1846

3Cited by3 opinions

  1. Hartley v. WeidemanSuperior Court of Pennsylvania · 1905
  2. Webster v. Hopewell BoroughSuperior Court of Pennsylvania · 1902
  3. Perna v. Allentown Italian Society, Pennsylvania Court of Common Pleas, Lehigh County1933

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