La Plume Borough v. Gardner

23 A. 899, 148 Pa. 192, 1892 Pa. LEXIS 945
CourtSupreme Court of Pennsylvania
DecidedMarch 28, 1892
DocketAppeal, No. 393
StatusPublished
Cited by4 cases

This text of 23 A. 899 (La Plume Borough v. Gardner) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
La Plume Borough v. Gardner, 23 A. 899, 148 Pa. 192, 1892 Pa. LEXIS 945 (Pa. 1892).

Opinion

Per Curiam,

We are of opinion that the learned judge of the court below was clearly right in holding that the act of June 1, 1883, P. L. 51, is unconstitutional, so far as concerns township and borough lines, where they are not also the lines of a county, for the reason that there is nothing in the title of the act to give notice that lands divided by township and borough lines are affected by it. The act referred to is entitled “ An act to require the assessors of the several townships within this commonwealth to assess all seated lands in the county in which the mansion house is situated, where the county lines divide a tract of land.” It requires but a glance at this title to see that it is notice only where a tract is divided by county lines. So far as land is concerned, which is divided by county lines, the act appears to be valid. But, in so far as it relates to lands, divided by township and borough lines, it is unconstitutional, under all our authorities.

Judgment affirmed.

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Related

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7 Pa. D. & C. 771 (Blair County Court of Common Pleas, 1926)
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15 Pa. Super. 271 (Superior Court of Pennsylvania, 1900)
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30 A. 299 (Supreme Court of Pennsylvania, 1894)

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Bluebook (online)
23 A. 899, 148 Pa. 192, 1892 Pa. LEXIS 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-plume-borough-v-gardner-pa-1892.