Wolcott v. Mayor of Wilmington
Court of Chancery of Delaware
Information to Restrain Payment of Money. A demurrer to the original information was overruled (10 Del. Ch. 384, 93 Atl. 364), and all the defendants, except one of the Board of Assessment, Revision and Appeals, who had died, filed answers.
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Information to Restrain Payment of Money. A demurrer to the original information was overruled (10 Del. Ch. 384, 93 Atl. 364), and all the defendants, except one of the Board of Assessment, Revision and Appeals, who had died, filed answers. Amendments were filed to the information {ante p. 1, 95 Atl. 303), alleging in substance that the money voted by the ordinance was withdrawn on May 15, 1914, with knowledge of the filing of the original information and of the application for a restraining order to prevent such withdrawal; that the ordinance had not then become a law because the approval of…
1Opinion of the Court
The Chancellor.
The reasons for holding the ordinance invalid are set out in the opinion respecting the demurrer filed in this cause, 10 Del. Ch. 384, 93 Atl. 365. They are based entirely on the statutes and ordinances in force when the ordinance was passed, and not on the constitutional provisions, or the Act of 1915.
One question here raised is, whether the ordinance making the allowance for extra compensation was invalid because after the approval thereof by the Mayor his action had not been reported to the City Council at a session thereof held after the passage of the ordinance.. This…
2Cases cited23 opinions
- United States v. Realty Co.Supreme Court of the United States · 1896
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Woodall v. DarstWest Virginia Supreme Court · 1912
- Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
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3Cited by1 opinion
- Taylor v. SmithCourt of Chancery of Delaware · 1921