Legal Opinion

Pittsburg v. Goshorn

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 168PublishedCited by 26 opinions

Appeal, No. 168, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., First Term, 1910, No. 299, for plaintiff on case stated in suit of City of Pittsburg v. Lawrence R. Goshorn. Case stated to determine compensation of the collector of delinquent taxes of the city of Pittsburg.

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Appeal, No. 168, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., First Term, 1910, No. 299, for plaintiff on case stated in suit of City of Pittsburg v. Lawrence R. Goshorn. Case stated to determine compensation of the collector of delinquent taxes of the city of Pittsburg. From the case stated it appeared that by an ordinance approved March 8, 1906, councils fixed the compensation of the collector of delinquent taxes at two-fifths of five per centum of the amount of delinquent taxes and water rents collected by him. On June 20, 1906, the mayor, George W. Guthrie,…

1Opinion of the Court

Opinion by

Mr. Justice Stewart

It is a mistake to suppose that the only or chief infirmity to be considered in the contract which the city of Pittsburg is here seeking to enforce, arises from the fact that the mayor in entering into it exceeded his power. If this were all, the authorities cited by the learned trial judge in his opinion filed in the case, would give large support to his conclusion. But it is far from being all. The defense relied on is not only that the contract was an attempt on the part of the mayor to do something for which he had no authority, but that it was a clear…

2Cases cited1 opinion

  1. City of Wilkes-Barre v. RockafellowSupreme Court of Pennsylvania · 1895

3Cited by26 opinions

  1. Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
  2. DIPPEL v. BrunozziSupreme Court of Pennsylvania · 1950
  3. Miller v. MillerSupreme Court of Pennsylvania · 1925
  4. Official Committee of Unsecured Creditors of Allegheny Health Education v. Pricewaterhousecoopers, LLPSupreme Court of Pennsylvania · 2010
  5. Nursing Home Consultants, Inc. v. Quantum Health Services, Inc.District Court, E.D. Arkansas · 1996

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