Legal Opinion

Incorporation of Flemington Borough

Supreme Court of Pennsylvania

Decided May 30, 1895No. Appeal No. 84PublishedCited by 11 opinions

Appeal No. 84, July T.,. 1894, by Philip H. Walker et al., from order of Q. S. Clinton Co., Sept. T., 1892, No. 1, Miscellaneous Docket, incorporating the borough of Flemington. Petition for the incorporation of a borough. From the record it appeared that on May 11, 1892, the grand jury filed a report in favor of incorporating the borough in accordance with the prayer of the petitioners. The following exceptions were filed to the report.

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Appeal No. 84, July T.,. 1894, by Philip H. Walker et al., from order of Q. S. Clinton Co., Sept. T., 1892, No. 1, Miscellaneous Docket, incorporating the borough of Flemington. Petition for the incorporation of a borough. From the record it appeared that on May 11, 1892, the grand jury filed a report in favor of incorporating the borough in accordance with the prayer of the petitioners. The following exceptions were filed to the report. “ 1. The return handed in to the court was not the finding of the majority of the grand jury. A vote was taken the day before the return was made, which…

1Opinion of the Court

Opinion by

Mr. Justice McCollum

The parties who complain of the exclusion of territory the inclusion of which constituted their most material objection in the court below to the incorporation of the proposed borough cannot be justly accused of an undue regard for consistency in their efforts to defeat it. There is nothing in the record which shows that they were residents of the borough as incorporated, or that any resident of it excepts to the decree of.incorporation. If therefore they have any standing to contest the decree we may fairly infer that it is as residents or taxpayers of the…

2Cited by11 opinions

  1. Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901
  2. Henderson v. School District No. 44Montana Supreme Court · 1926
  3. Mercersburg Independent School DistrictSupreme Court of Pennsylvania · 1912
  4. Lerten AppealSuperior Court of Pennsylvania · 1951
  5. Incorporation of Old ForgeSuperior Court of Pennsylvania · 1900

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