Brode v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 368, Jan. T., 1909, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sépt. T., 1908, No. 4362, dismissing bill in equity in case of Elmer E. Brode v. City of Philadelphia, John E. Rey-burn, mayor of said city, Philadelphia Rapid Transit Company and Market Street Elevated Passenger Railway Company. Bill in equity to annul a contract and to declare void an ordinance of the city ’of Philadelphia dated July 1, 1907. The defendants demurred to the bill.
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Appeal, No. 368, Jan. T., 1909, by plaintiff, from decree of C. P. No. 1, Phila. Co., Sépt. T., 1908, No. 4362, dismissing bill in equity in case of Elmer E. Brode v. City of Philadelphia, John E. Rey-burn, mayor of said city, Philadelphia Rapid Transit Company and Market Street Elevated Passenger Railway Company. Bill in equity to annul a contract and to declare void an ordinance of the city ’of Philadelphia dated July 1, 1907. The defendants demurred to the bill. Before Kinsey, J. The ordinance in question was as follows: “an ordinance “Authorizing the execution of a contract between the…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
By art. IX, sec. 7, of our constitution the general assembly is forbidden to “authorize any county, city, borough, township or incorporated district to become a stockholder in any company, association or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution or individual.” This clause, in substance, was, as is stated in Wheeler v. Phila., 77 Pa. 338, borrowed from the constitution of the state of Ohio, and, in Walker v. City of Cincinnati et al., 21 Ohio St. 14, the supreme court of that state,…
2Cases cited2 opinions
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
3Cited by12 opinions
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- Downing v. Erie School DistrictSupreme Court of Pennsylvania · 1929
- Com. v. School DistrictSupreme Court of Pennsylvania · 1913
- City of Ft. Pierce v. Scofield Engineering Co.Court of Appeals for the Fifth Circuit · 1932
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