Kolb v. Tamaqua Borough
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1906, by plaintiffs, from decree of C, P. Schuylkill Co., Jan. T., 1906, No. 2, dismissing bill in equity in case of George Kolb and William Williams v. Burgess and Town Council of the Borough of Tamaqua et al. Bill in equity to declare invalid a borough contract, and for an injunction.
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Appeal, No. 381, Jan. T., 1906, by plaintiffs, from decree of C, P. Schuylkill Co., Jan. T., 1906, No. 2, dismissing bill in equity in case of George Kolb and William Williams v. Burgess and Town Council of the Borough of Tamaqua et al. Bill in equity to declare invalid a borough contract, and for an injunction. Bechtel, P. J., filed the following opinion: •In substance the bill charged that the council, by resolution of December 6, 1904, instructed the president and secretary to advertise for proposals for street lighting, and that said resolution was not signed by the chief burgess of the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Since nothing appears in the evidence to the contrary, we must assume that the action of the borough council in accepting the bid for lighting the public streets, awarding the contract for the same, and directing its execution, was preceded and based upon an ordinance regularly adopted establishing a permanent system of public lighting. The bill contains no averment that such ordinance had not been adopted; nor is there any admission in the answer, even impliedly, of an omission in this regard, except that the defense set up is reliance upon the regularity and…
2Cases cited4 opinions
- Jones v. Schuylkill Light, Heat and Power Co.Supreme Court of Pennsylvania · 1902
- Seitzinger v. Borough of TamaquaSupreme Court of Pennsylvania · 1898
- Snyder v. Nederland Life InsuranceSupreme Court of Pennsylvania · 1902
- Lansdowne v. Citizens Electric Light & Power Co.Supreme Court of Pennsylvania · 1903
3Cited by5 opinions
- Miller v. West View BoroughSuperior Court of Pennsylvania · 1914
- Elliott v. Monongahela CitySupreme Court of Pennsylvania · 1911
- Huntingdon Borough v. Huntingdon Water Supply Co.Supreme Court of Pennsylvania · 1917
- Commonwealth v. Scully, Pennsylvania Court of Common Pleas, Alleghany County1936
- Kay v. Sagerdahl, Pennsylvania Court of Common Pleas, Warren County1921