Legal Opinion

Lawrence County's Appeal

Supreme Court of Pennsylvania

Decided February 9, 1871PublishedCited by 9 opinions

Appeal from the decree of the Court of Common Pleas of Butler county: In Equity: No. 118, to October and November Term 1870. The North Western Railroad Company was incorporated February 9th 1853 under the General Railroad Law of 1849, to construct a road from the Pennsylvania Railroad west of Johnstown, by way of Butler, to the Ohio state line at some point on the western line of Lawrence county; the capital to be $1,000,000, with right to increase to $2,000,000, in shares…

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Appeal from the decree of the Court of Common Pleas of Butler county: In Equity: No. 118, to October and November Term 1870. The North Western Railroad Company was incorporated February 9th 1853 under the General Railroad Law of 1849, to construct a road from the Pennsylvania Railroad west of Johnstown, by way of Butler, to the Ohio state line at some point on the western line of Lawrence county; the capital to be $1,000,000, with right to increase to $2,000,000, in shares of $50 each, with power to borrow money to an amount equal to the capital, with interest at 7 per cent, per annum, to be…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, C. J.

All inquiry into the regularity of the proceedings of the court below, until we shall have ascertained whether the appellant, the county of Lawrence, has such a status in the case as entitles her to move in the matter of the bill, original or as amended, seems out of place. All the other parties embraced by the decree have acquiesced in it, and it is conclusive as to them. If Lawrence county has no equity in the bill, she has no right to question the regularity of proceedings which alone concern other parties; and which if regular, they…

2Cited by9 opinions

  1. Pennsylvania Commercial Drivers Conference v. Pennsylvania Milk Control CommissionSupreme Court of Pennsylvania · 1948
  2. Easton Transit Co.'s PetitionSupreme Court of Pennsylvania · 1921
  3. Force's PetitionSupreme Court of Pennsylvania · 1919
  4. Appeal of GibboneySuperior Court of Pennsylvania · 1897
  5. Robison v. GullUtah Supreme Court · 1918

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