Legal Opinion · Dissent

Storch v. Lansdowne Borough

Supreme Court of Pennsylvania

Decided February 24, 1913No. Appeal, No. 387Published

Appeal, No. 387, Jan. T., 1912, by defendant, from decree of C. P. Delaware Co., Sept. T., 1912, No. 37, in equity, granting an injunction in case of George N. Storch v. Borough of Lansdowne. Taxpayer’s bill in equity to restrain the increase of bonded indebtedness of the Borough of Lansdowne. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. The court awarded an injunction restraining the increase of indebtedness as prayed for.

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Appeal, No. 387, Jan. T., 1912, by defendant, from decree of C. P. Delaware Co., Sept. T., 1912, No. 37, in equity, granting an injunction in case of George N. Storch v. Borough of Lansdowne. Taxpayer’s bill in equity to restrain the increase of bonded indebtedness of the Borough of Lansdowne. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. The court awarded an injunction restraining the increase of indebtedness as prayed for. Defendant appealed. Error assigned was the decree of the court awarding the injunction.

1Dissent

Dissenting Opinion by

Mr. Justice Brown,

February 24, 1913:

I did not sit when Egan v. Claysville Boro., 239 Pa. 259, was argued, nor was I present when the case was disposed of in the consultation room. I could not, therefore, with propriety, note my dissent from the decree of the majority of the court. In the present case, in which I did sit, it seems to me that the records of this court call for my dissent, and I cannot, therefore, withhold it.

Less than three years ago, in construing the Act of April 20, 1874, P. L. 65, and the amendments- to it, this court held, without dissent from any…

2Cases cited4 opinions

  1. Hoyt v. City of East SaginawMichigan Supreme Court · 1869
  2. Bullitt v. PhiladelphiaSupreme Court of Pennsylvania · 1911
  3. Hoffman v. PittsburgSupreme Court of Pennsylvania · 1910
  4. Egan v. Claysville BoroughSupreme Court of Pennsylvania · 1913

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