Plymouth Borough

Supreme Court of Pennsylvania April 29, 1895

Plymouth Borough, 167 Pa. 612 (Pa. 1895)

31 A. 933; 1895 Pa. LEXIS 956

Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

The grand juror named in the first specification was challenged for cause which the court regarded as sufficient to disqualify him from hearing and participating in the decision of this case. There was no error in this. The conclusion reached by the learned judge was fully warranted by the evidence before him. There was no error in holding that the 30th section of the act of 1851, under which this proceeding was had, was not repealed by the acts of 1879 and 1883. They may well stand together. The record discloses no error in dismissing the exceptions and entering the decree complained of.

Decree affirmed and appeal dismissed with costs to be paid by appellant.

Reference

Full Case Name: Plymouth Borough. Plymouth Township's Appeal
Cited By: 6 cases
Status: Published
Syllabus: Boroughs — Annexation of territory — Grand jury — Challenge. A grand juror is properly excluded from participation in proceedings to annex territory to a borough, where it appears that he has interests in the borough, and where he states to the court under oath that he is opposed to the annexation, and that he had -previously declared that he would do all that he could against it. Borough—Annexation of territory—Acts of April 3,, 1851, section 30, June 11, 1879, and May 17, 1883—Statutes—Repeal. The act of April 3, 1851, sec. 30, P. L. 327, relating to the annexation of territory to boroughs, was not repealed by the acts of June 11, 1879, P. L. 150, and May 17, 1883, P. L. 36.