DeWalt v. Bartley

Citations

• 146 Pa. 525
• 23 A. 448
• 1892 Pa. LEXIS 1258

Syllabus

<p>1. Under § 3, article Y. of the constitution, limiting the original jurisdiction of the Supreme Court, in cases of injunction, to cases where a corporation is defendant, said court has no original jurisdiction of a bill to restrain county officers from carrying into execution the ballot act of June 19, 1891, P. L. 319.</p> <p>2. FTor, would the naming of the county as one of the defendants have given said court original jurisdiction of a bill for an injunction to restrain the exercise of the functions imposed upon county officers by said act of 1891, on the ground that it is unconstitutional and void, the county not being a proper party thereto.</p> <p>3. Moreover, after the lapse of a sufficient time from the passage of said act, to have had the cause decided by the Common Pleas and brought up by appeal, such bill should not be entertained by the Supreme Court merely because of its public importance and to avoid further delay: Clark v. Washington Bor., 115 Pa. 566.</p>