Legal Opinion

Wartman v. City of Philadelphia

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 17 opinions

In Equity. Motion for special injunction.* These were two bills in equity. The first was filed by Edward Wartman and John F. Gross against The Mayor, Aldermen and Citizens of Philadelphia, George W. Brown, John McCrea, Anna Hertzog, John Rice, and The First Reformed Dutch Church.

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In Equity. Motion for special injunction.* These were two bills in equity. The first was filed by Edward Wartman and John F. Gross against The Mayor, Aldermen and Citizens of Philadelphia, George W. Brown, John McCrea, Anna Hertzog, John Rice, and The First Reformed Dutch Church. It set forth that the complainants were residents, tax-payers, and inhabitants of the county of Philadelphia; and that Edward Wartman was, and had been for twenty-five years last past, the lessee of a stall in the High street market, between Third and Second streets. That by the 1st section of an Act of Assembly,…

1Opinion of the Court

The opinion of the court was delivered by

Black, C. J.

The plaintiffs in the first of these cases, are citizens and tax-payers in the Northern Liberties and Spring Garden. The plaintiffs in the other case are farmers, resident in the counties of Delaware, Chester, and Montgomery, and lessees of certain stalls in the High street market of the city. The matter complained of in both bills is, that the city councils have resolved to contract for the erection of new market-houses, with the intention of demolishing those already existing in High street, an act which, if consummated, the plaintiffs…

2Cases cited2 opinions

  1. Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
  2. State v. Mayor of MobileSupreme Court of Alabama · 1837

3Cited by17 opinions

  1. Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
  2. Commonwealth v. Barnes & Tucker Co.Supreme Court of Pennsylvania · 1974
  3. Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
  4. Nelson v. DelongSupreme Court of Minnesota · 1942
  5. Cumnock v. City of Little RockSupreme Court of Arkansas · 1922

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