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COMMONWEALTH EX REL. WOODSIDE v. BRIDGEPORT BOROUGH (06/28/54)

THE SUPREME COURT OF PENNSYLVANIA


June 28, 1954

COMMONWEALTH EX REL. WOODSIDE, ATTORNEY GENERAL, APPELLANT,
v.
BRIDGEPORT BOROUGH

Appeal, No. 54, Jan. T., 1954, from order of Court of Common Pleas of Montgomery County, Nov. T., 1952, No. 264, in case of Commonwealth of Pennsylvania ex rel. Robert E. Woodside, Attorney General v. The Borough of Bridgeport, Montgomery County et al. Order affirmed. Mandamus proceeding. The facts are stated in the opinion, by CORSON, J., of the court below as follows: 2. If not sufficient funds under No. 1, then the necessary funds shall be raised by the issuance of bonds, such bonds shall be subject only to the approval of the Department of Internal Affairs if the estimated cost of the plant is such that the bond issue necessary to finance would not raise the Borough indebtedness beyond the constitutional limit imposed upon such indebtedness. 3. If not possible under No. 2, the necessary bonds may be issued as an obligation of the Borough if the electors of the Borough shall vote in favor of the increase in indebtedness where such consent is required.

COUNSEL

C. Russell Welsh, Jr., Senior Legal Assistant, with him Thomas H. Jones, Special Attorney, Robert J. Trace, Deputy Attorney General, Harrington Adams, Acting Attorney General and Frank F. Truscott, Attorney General, for appellant.

Morris Gerber, with him Thomas M. Garrity and Wisler, Pearlstine, Talone & Gerber, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

[ 378 Pa. Page 411]

OPINION PER CURIAM

The Order of the Court below is affirmed on the Opinion of Judge CORSON.

Disposition

The Order of the Court below is affirmed on the Opinion of Judge CORSON.

19540628

© 1998 VersusLaw Inc.



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