Clark v. Bor. of Washington

Citations

• 145 Pa. 566
• 23 A. 333
• 1892 Pa. LEXIS 764

Syllabus

<p>1. The Supreme Court has power to take original jurisdiction of a bill to restrain a municipal corporation from doing an act contrary to law, but will do so only in extreme cases. Not only must the case be important in its character, but a special reason why that court should entertain the bill, must be shown.</p> <p>(a) A bill to restrain the taking of land by a borough under a statute claimed to be unconstitutional, averred that the act had been held valid by the Common Pleas of the county in a similar case, and to bring the question before the Supreme Court in the ordinary way, would involve delay that would be harmful to the plaintiffs :</p> <p>2. The allegation as to the injurious result of delay being vague, it not appearing that the question could not have been brought before the Supreme Court by appeal, at as early a day as a motion for an injunction could there be heard, and no exceptional circumstances being shown, the Supreme Court declined to take original jurisdiction.</p>