Redding v. Borough
Supreme Court of Pennsylvania
Appeal, No. 78, Oct. T., 1903, by-plaintiffs, from decree of C. P. No. 3, Allegheny County, Feb. T., 1902, No. 528, dismissing bill in equity in case of P. L. Redding, S. J. Mitchell and James Hunter v. Borough of Espíen, D. K. McGunnigle, Burgess, L. J. Dietrich, Robert Grey, Francis Booth, Sr., W. S. McClatchey, Thomas Milligan, John Landefeld, Oliver Sutherland, Council and Levy Diulus, Frank Diulus, Nicolee Diulus, trading as Diulus Brothers and the First National Bank…
Read the full summary
Appeal, No. 78, Oct. T., 1903, by-plaintiffs, from decree of C. P. No. 3, Allegheny County, Feb. T., 1902, No. 528, dismissing bill in equity in case of P. L. Redding, S. J. Mitchell and James Hunter v. Borough of Espíen, D. K. McGunnigle, Burgess, L. J. Dietrich, Robert Grey, Francis Booth, Sr., W. S. McClatchey, Thomas Milligan, John Landefeld, Oliver Sutherland, Council and Levy Diulus, Frank Diulus, Nicolee Diulus, trading as Diulus Brothers and the First National Bank of McKee’s Rocks, Pa. • Bill in equity for an injunction to restrain payments on account of a sewer contract. Before…
1Opinion of the Court
Per Curiam,
The learned judge below found that at the time of the making of the contract for the sewer by Diulus Brothers, the indebtedness of the borough was not in excess of the constitutional limit, and the decree must be affirmed on that portion of his opinion and conclusions.
It is true that the report of the viewers did not assess the whole cost of the sewers on the abutting properties, but charged $1,066.89 of it upon the borough. But there was no evidence that that sum was not payable and actually paid by the borough out of current funds.
Decree affirmed with costs.
2Cited by8 opinions
- O'Rear v. SartainSupreme Court of Alabama · 1915
- Mitsler v. EyeSupreme Court of Oklahoma · 1924
- McGuire v. PhiladelphiaSupreme Court of Pennsylvania · 1914
- Frost v. Central CityCourt of Appeals of Kentucky · 1909
- Goodson v. DeanSupreme Court of Alabama · 1911
3 more not listed; retrieve them via the Exa API.