Appeal of Upper Yoder Township

Citations

• 74 Pa. Super. 291
• 1920 Pa. Super. LEXIS 142

Syllabus

<p>Boroughs — Incorporation—Exceptions—Assignments of error.</p> <p>On an appeal from a decree incorporating a borough, where the only assignment of error is that the court erred in entering the decree, unless it appears upon the face of the record that there is some jurisdictional defect, the judgment must be affirmed. Whether the incorporation should have been allowed was a question, by law committed to the discretion of the court below, and even if the manner in which that discretion was exercised was the subject of review, it could only be made so by a distinct assignment of error.</p> <p>Appeals — Assignments of error — Exceptions.</p> <p>On an appeal from a decree incorporating a borough, the question of the sufficiency of the description of the boundaries of the borough will not be considered, where it is not supported by a particular assignment of error.</p> <p>Boroughs — Incorporation—Advertising notice of application— Act of May H, 1915, P. L. SIS, article I, chapter S, section A</p> <p>Under the provisions of the Act of May 14, 1915, P. L. 312, article I, chapter 2, section 4, which require_s that notice of the application for the incorporation of a borough “shall be given in one newspaper of the county, for a period of not less than thirty days immediately before the next regular term following the filing thereof, during which time exceptions may be filed to the application by any person interested,” the notice is sufficiently advertised if published thirty days prior to the beginning of the next term of court. The mere addition in the advertisement that exceptions could be filed on or before the first Monday in March, which was the beginning of the next term of court, did not vitiate the notice, particularly as it did no more than add one day in which exceptions could be filed, and exceptions had already been filed within the thirty days.</p>