Incorporation of Swoyerville Borough

Citations

• 12 Pa. Super. 118
• 1899 Pa. Super. LEXIS 220

Syllabus

<p>Incorporation of boroughs — Review —- Remedy — Jurisdiction, Superior Court — Statutes.</p> <p>The Act of May 9, 1889, P. L. 174, does not give any additional remedy as to review of proceedings in borough incorporation proceedings: Denis-ton’s Appeal, 9 Pa. Superior Ct. 212.</p> <p>It regulates existing remedies but leaves them, as before, a remedy by certiorari; the Act of May 9, 1889, P. L. 158, while changing the name from certiorari to appeal, does not extend the light of review or modify its exercise; it simply changes the form of procedure without affecting the jurisdiction of the court.</p> <p>Borough incorporation — ■Appeals—Review of discretion.</p> <p>In appeals in the nature of certiorari the appellate court has nothing before it but the record, of which the testimony is no part. The court of quarter sessions has discretion to determine all questions of fact and expediency in borough incorporation proceedings, and in passing on such questions will be presumed to have arrived at a correct conclusion. It follows therefore that the appellate court will not disturb a decree incorporating a borough unless illegality in the proceedings appears upon the record, or an abuse of discretion is distinctly charged and clearly established.</p> <p>Borough incorporation — Adjudicatory effect of dismissal of exceptions.</p> <p>Where an exception containing allegations of facts, in borough incorporation proceedings, is overruled by the quarter sessions, the appellate court must accept that as an adjudication that the exception is untrue in point of fact, unless the contrary appears from the record.</p> <p>Borough incorporation — Exclusion of farm land — Act of 1863 — Conclusiveness of findings of court below.</p> <p>It is no objection to the incorporation of lands in a borough that they ai-e used as farm lands; the extent and character of the lands are not per se controlling objections.</p> <p>The mere fact that houses are massed in groups separated by land used for far