Schenck v. Burgess
Supreme Court of Pennsylvania
Appeal, No. 601, Jan. T., 1896, and No. 53, Jan. T., 1897, by defendants, from decree of C. P. Lackawanna Co., Sept. T., 1895, No. 13, on bill in equity. Bill in equity to declare borougb contracts illegal. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 601, Jan. T., 1896, and No. 53, Jan. T., 1897, by defendants, from decree of C. P. Lackawanna Co., Sept. T., 1895, No. 13, on bill in equity. Bill in equity to declare borougb contracts illegal. The facts appear by the opinion of the Supreme Court. The court below in an opinion by Gunster, J., entered tbe following decree: Now, November 30,1896, after bearing and determination of the above case, it is adjudged and decreed as follows: 1. That the contracts entered into by tbe borough of Olyphant for tbe construction of an electric light plant are void for want of authority, it…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
No attempt was made to sustain the allegations of fraud in *196awarding the contracts, and at the final hearing of the case the only questions which arose under the original bill related to the validity of the contracts entered into by the borough for the erection of electric light works.
The ordinances which provided for the construction of the different parts of the works were all duly passed by the borough council, approved by the burgess, recorded in the ordinance book and advertised; but the plans and specifications referred to in the ordinances as “ attached hereto…
2Cases cited6 opinions
- Kepner v. CommonwealthSupreme Court of Pennsylvania · 1861
- Marshall v. Commonwealth ex rel. MayorSupreme Court of Pennsylvania · 1868
- Glading v. FrickSupreme Court of Pennsylvania · 1879
- Waln's Heirs v. City of Philadelphia ex rel. ArmstrongSupreme Court of Pennsylvania · 1882
- Sener v. Corporation of the Borough of EphrataSupreme Court of Pennsylvania · 1896
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- Morganstern Electric Co. v. BoroughSupreme Court of Pennsylvania · 1937
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
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