Chunk v. McGee
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Carbon county: Of July Term 1875, No. 21. This was an action of debt originally commenced before a justice of the peace by Mauch Chunk borough against Bernard McGee, “ to recover rent for the use of a sewer” built by the plaintiff. The case was brought by appeal into the Court of Common Pleas, June 15th 1872. The borough of Mauch Chunk is under the General Borough Law of April 3d 1851, Pamph. L. 320, 1 Br.
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Error to the Court of Common Pleas of Carbon county: Of July Term 1875, No. 21. This was an action of debt originally commenced before a justice of the peace by Mauch Chunk borough against Bernard McGee, “ to recover rent for the use of a sewer” built by the plaintiff. The case was brought by appeal into the Court of Common Pleas, June 15th 1872. The borough of Mauch Chunk is under the General Borough Law of April 3d 1851, Pamph. L. 320, 1 Br. Purd. 167. The action was brought under the Act of March 24th 1869, Pamph. L. 514, and the question in the case was whether the subject of the act was…
1Opinion of the CourtChief Justice Ag-new
delivered the opinion of the .court,
The court below thought that the second section of the Act of 24th of March 1869, Pamph. L. 514, was unconstitutional because *437too foreign to the title of the act. The title is, “An act giving the right to the town council of the borough of Mauch Chunk to build drains and sewers, and to file liens for the building’of the same.” It is settled in this state that a part of an act not within the subject stated in the title, may be declared to be unconstitutional, ieaving the portion within the title to stand: Dorsey’s Appeal, 22 P. F. Smith 192; Allegheny Home’s…
2Cases cited1 opinion
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- Commonwealth v. CurrySuperior Court of Pennsylvania · 1897
- Commonwealth v. MooreSuperior Court of Pennsylvania · 1896
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