Stem v. Bethlehem Borough
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1910, by defendant, from decree of C. P. Northampton Co., June T., 1909, No. 3, on bill in equity in case of Leo A. Stem et al. v. Bethlehem Borough. Bill in equity for an injunction to restrain the issue of borough bonds, and to declare void an election to increase borough indebtedness. Before Stewart, J. The only question involved was the validity of an election to increase the indebtedness of the borough of Bethlehem.
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Appeal, No. 164, Jan. T., 1910, by defendant, from decree of C. P. Northampton Co., June T., 1909, No. 3, on bill in equity in case of Leo A. Stem et al. v. Bethlehem Borough. Bill in equity for an injunction to restrain the issue of borough bonds, and to declare void an election to increase borough indebtedness. Before Stewart, J. The only question involved was the validity of an election to increase the indebtedness of the borough of Bethlehem. Error assigned was decree declaring the election void and enjoining the issue of the bonds.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a taxpayer’s bill, and the appeal to this court raises the question of the validity of the municipal election held to determine whether the indebtedness of the borough should be increased for the purpose of constructing a water system to supply the defendant borough with water. The appeal, as we understood at the argument, is abandoned. The form of the ballot used at the election did not comply with the requirements of sec. 2 of the Act of April 29,1903, P. L. 338, 2 Purd. 1350, and for this reason the election was vitiated. We have quite recently held…
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