Legal Opinion

Commonwealth ex rel. Bridgewater School Directors v. Council of Montrose Borough

Supreme Court of Pennsylvania

Decided October 17, 1866PublishedCited by 2 opinions

Error to the Court of Common Pleas of Susquehanna county.. This was a quo warranto issued at the relation of E. Gr. Babcock and others, School Directors of Bridgewater township, against H. F. Turrell and others, Town Council of the Borough-, of Montrose.

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Error to the Court of Common Pleas of Susquehanna county.. This was a quo warranto issued at the relation of E. Gr. Babcock and others, School Directors of Bridgewater township, against H. F. Turrell and others, Town Council of the Borough-, of Montrose. The borough of Montrose had been incorporated in 1824, andón the 11th of April the limits of the borough were enlarged, in accordance with the provisions of the Act of April 3d 1851 (regulating boroughs), § 30, by taking in part of Bridgewater township. The section authorizes “ The burgess and town council of any borough, on petition of…

1Opinion of the Court

The opinion of the court was delivered, October 17th 1866, by

Strong, J.

In the court below judgment was given- against the Commonwealth on the demurrer to the plea of the defendants-, and the case has been brought here for review. The only question presented by the record is-, whether a- borough incorporated by Act of Assembly in 1824,. is embraced in the provisions, of the 30th section of the general act, entitled-. “An Act regulating Boroughs,” passed on the 3d day of April, A. d. 1851, Pamph. L. 1851, page 320. The language of that' section is, “That the burgess and town council of any…

2Cited by2 opinions

  1. Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
  2. Board of Christian Education v. Philadelphia School DistrictSuperior Court of Pennsylvania · 1952

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