Commonwealth ex rel. Kelly v. City of Pittsburg
Supreme Court of Pennsylvania
Appeal, No. 67, Oct. T., 1897, by defendants, from order of C. P. No. 2, Allegheny Co., April T., 1897, No. 123, awarding peremptory mandamus. Petition for mandamus. The facts and sufficient of the allegations of the petition and answer appear by the opinion of the lower court, White, J., which was as follows: This case comes before us on an amicable submission, to decide the legal questions involved.
Read the full summary
Appeal, No. 67, Oct. T., 1897, by defendants, from order of C. P. No. 2, Allegheny Co., April T., 1897, No. 123, awarding peremptory mandamus. Petition for mandamus. The facts and sufficient of the allegations of the petition and answer appear by the opinion of the lower court, White, J., which was as follows: This case comes before us on an amicable submission, to decide the legal questions involved. The original petition, answer and demurrer, were filed the same day, January 22,1897. At the hearing certain facts seemed to be necessary to a proper decision of the case, and the relators were…
1Opinion of the Court
Per Curiam,
It is unnecessary to refer in detail to the facts of this case. They sufficiently appear in the pleadings and in the opinion of the court below; and for reasons given in that opinion, we think the decree should not be disturbed. The case is clearly not within the inhibition of section 7 article IX. of the constitution. The appropriation was a very reasonable one; and the purpose for which it was made was certainly not foreign to the material interests and general prosperity of the municipality, but quite the contrary. We are therefore of opinion there was no error in holding that…
2Cited by11 opinions
- Wentz v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Kennedy v. City of NevadaMissouri Court of Appeals · 1926
- Sambor v. HadleySupreme Court of Pennsylvania · 1927
- Commonwealth v. TiceSupreme Court of Pennsylvania · 1922
- Stegmaier v. GoeringerSupreme Court of Pennsylvania · 1907
6 more not listed; retrieve them via the Exa API.