Gas & Water Co. v. Borough of Downingtown
Supreme Court of Pennsylvania
Appeal, No. 262, Jan. T., 1898, by-defendants, from decree of C. P. Chester Co., in equity. Bill in equity for an injunction.
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Appeal, No. 262, Jan. T., 1898, by-defendants, from decree of C. P. Chester Co., in equity. Bill in equity for an injunction. The facts appear by the previous report of the case in 175 Pa. 341, and by the opinion of Hemphill, P. J., which was as follows: The Supreme Court, when this case was before it (175 Pa. 841) upon demurrer to the bill, said : “ At the time of the passage of the act [incorporating the Downingtown Gas and Water Company], the borough had failed to exercise the power conferred upon it to establish waterworks. The borough was a mere agency of the state for governmental…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The title of the plaintiff in this action to the rights, propperty and franchises of “The Downingtown. Gas and Water *261Company ” was derived by a purchase at sheriff’s sale under proper proceedings instituted for that purpose. When this case was here before (175 Pa. 341), the validity of the plaintiff’s title to the property and franchises in question was not impugned, and we held that a good title had been acquired by the sheriff’s sale. Our Brother Fell, delivering the opinion, said: “The purchaser at the sheriff’s sale, with others interested in the proceeds of…
2Cases cited5 opinions
- Allegheny County Home's CaseSupreme Court of Pennsylvania · 1874
- Chunk v. McGeeSupreme Court of Pennsylvania · 1876
- State Line & Juniata Railroad Company's AppealSupreme Court of Pennsylvania · 1875
- In re Borough of PottstownSupreme Court of Pennsylvania · 1888
- Gas & Water Co. v. Corporation of Borough of DowningtownSupreme Court of Pennsylvania · 1896
3Cited by12 opinions
- Graeff v. SchlottmanSupreme Court of Pennsylvania · 1926
- State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913
- Olyphant Sewage-Drainage Co. v. Borough of OlyphantSupreme Court of Pennsylvania · 1900
- Commonwealth v. KenneySuperior Court of Pennsylvania · 1907
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
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