Erie County Law Journal (Volume 1); Reports of Cases Decided in the Several Courts of Erie and Adjacent Counties

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1919 Excerpt: ... In Re Proposed Annexation Of Land In Millcreek Township. Townships--Annexation to third class city--Division into two separate parts--Act of June 27,1913, P. L. 573. It was sought to annex to the City of Erie a part of Millcreek Township which extends around the eastern, southern and western boundaries of the City of Erie. The plot, accompanying the petition signed by more than three-fifths of the taxable inhabitants of the part of the township proposed to be annexed, showed that such annexation would divide the remaining part of Millcreek Township into two distinct parts which would not be composed of contiguous territory or continuous boundary lines. Held, that the ordinance passed by City Council annexing the part of Millcreek Township as shown in the plot was invalid and should be set aside. The Act of June 27, 1913, P. L. 573, does not grant to the Council of a third-class city the power to divide a township into two distinct and separate parts of non contiguous territory. The proceeding being in derogation of the Common Law, everything necessary to give the Council jurisdiction must be shown. Appeal by tax-payers, No. 114 February Sessions, 1919. Q. S. Erie County. J. Stuart Robinson, Gunnison, Fish, Gifford & Chapin and Clark Olds for Appellants. S. L. Gilson, Esq., City Solicitor, and Brooks, English & Quinn for the City of Erie. WHITTELSEY, J., July 24, 1919.--This is an appeal by J. Elmer Ellsworth, William G. V. Busick, D. F. Schrockenstein, W. F. Guise, D. E. Butt, William Hamilton, E. L. Rilling, William Loepple, George C. Reed, Livia E. Olds, Frederick B. Downing, Executor under the last will and testament of Jerome F. Downing, Deceased, C. H. Strong, C, H. Strong, as Trustee for the real estate under the will of W. L. Scott, Deceased, Annie W...