Pew v. Minor
Supreme Court of Pennsylvania
Appeal, No. 161, Oct. T., 1906, by plaintiff, from decree of O. P. Beaver Co., June T, 1906, No. 2, dismissing bill in equity in case of Joseph N. Pew v. Stephen Minor, Burgess, Charles M. Hughes, President, and Thomas L. Minesinger et al., members of the Town Council of the Borough of Beaver.
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Appeal, No. 161, Oct. T., 1906, by plaintiff, from decree of O. P. Beaver Co., June T, 1906, No. 2, dismissing bill in equity in case of Joseph N. Pew v. Stephen Minor, Burgess, Charles M. Hughes, President, and Thomas L. Minesinger et al., members of the Town Council of the Borough of Beaver. Bill in equity to restrain the defendants, the burgess and members of the town council and the borough of Beaver, from enforcing an ordinance annexing to the borough a certain section of territory in the township of Borough. Before Porter, P. J. The bill was demurred to on the ground that the question…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
' The court below sustained the demurrer and dismissed the bill in this case for the following reasons set forth in the brief opinion filed : An examination of the proceedings at No. 29
December Term, 1905, reveals that the questions involved in this suit were thereat adjudicated and a court of equity will not again try the same question. Upon the appeal the court of quarter sessions had jurisdiction of the subject-matter. We therefore are of the opinion that the demurrer should be sustained and the bill dismissed.” This ruling was based on the fact assigned as…
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