City of Erie ex rel. Erie Paving Co. v. A Piece of Land Fronting on Eighteenth Street
Supreme Court of Pennsylvania
Appeal, No. 288, Jan. T„ 1896, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1891, No. 245, on verdict for defendant. Scire facias sur municipal lien. Before Gunnison, P. J. Tbe facts appear by tbe opinion of tbe Supreme Court.
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Appeal, No. 288, Jan. T„ 1896, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1891, No. 245, on verdict for defendant. Scire facias sur municipal lien. Before Gunnison, P. J. Tbe facts appear by tbe opinion of tbe Supreme Court. Plaintiff’s points, and answers were among others, as follows: 2. That if tbe pavement in this case substantially complies witb tbe terms of tbe contract, and was so far perfected as to answer its intended purpose, and was taken possession of by tbe city, the plaintiff is entitled to recover. Answer: That would be so, and that point would have to be…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The portion of the statute upon which the defense in this case is founded (act of May 23, 1889, P. L. 303, art. 9, sec. 5) is in the following words, “ Every contract involving an appropriation of money, shall designate the item of appropriation on which it is founded, and the estimated amount of the expenditure thereunder shall be charged against such item, and so certified by the controller on the contract before it shall take effect as a contract, and the payments required by such contract shall be made from the fund appropriated therefor.”
The city controller…
2Cases cited5 opinions
- Fell v. Philadelphia ex rel. CunninghamSupreme Court of Pennsylvania · 1876
- Pittsburg v. WalterSupreme Court of Pennsylvania · 1871
- Reilly v. City of PhiladelphiaSupreme Court of Pennsylvania · 1869
- City of Erie v. BradySupreme Court of Pennsylvania · 1889
- Olds v. Erie CitySupreme Court of Pennsylvania · 1875
3Cited by11 opinions
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- City of Philadelphia ex rel. Mack v. GorgasSupreme Court of Pennsylvania · 1897
- City of Erie ex rel. Eichenlaub v. Piece of Land fronting on Eleventh StreetSuperior Court of Pennsylvania · 1899
- City of Harrisburg v. SheplerSuperior Court of Pennsylvania · 1898
- Sicilian Asphalt Paving Co. v. City of WilliamsportSupreme Court of Pennsylvania · 1898
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