19 Pa. Super. 127 | Pa. Super. Ct. | 1902
Opinion by
The court below, on May 6, 1901, entered a decree incorporating the proposed borough; a petition and remonstrance signed by a large number of the freeholders of the territory proposed to be incorporated was subsequently presented to the court, and, on May 13, 1901, the court granted a rule to show cause why the decree of incorporation should not be opened; exceptions to the incorporation of the borough were then filed, and the court after a hearing vacated the decree incorporating the borough, and finding that it was not expedient to grant the prayer of the petitioners, dismissed the petition. All of the above recited orders and decrees were made at the same term. The complaint of the appellants is that the court having entered the decree of incorporation had no power to vacate it. The power to ihcorporate boroughs delegated by the legislature to the court of quarter sessions was intended to be exercised in such a manner as to promote the convenience and welfare of the citizens of the commonwealth; it is an exercise of the sovereign power, and until the decree of incorporation has been carried into execution and the new municipal subdivision has en
The allegation that a session of the court was held at Herndon, away from the county seat, is without foundation in the record. No order or decree of the court was made at that place, nor was anything there done which constitutes a part of this record. The learned judge of the court below was called upon to discharge an important duty, there was certainly no impropriety in his going upon the ground and ascertaining for himself the conditions which existed in this territory, the expediency of the incorporation of which had been by law committed to his discretion, nor does it appear in the .secondary record, the testimony printed in connection with the record proper, that there was either error or abuse., of. discretion in what the judge did. It would have been proper for him in disposing of this ease to consider depositions, which after due notice had been taken by the parties at Herndon, or he might by consent of the parties have appointed.an examiner to take tes
The decree is affirmed, and the appeal dismissed at costs of the appellants.