Russ v. Commonwealth
Supreme Court of Pennsylvania
Appeal, No. 7, May T., 1904, by plaintiff, from order of C. P. Dauphin Co., Commonwealth Docket, 1908, No. 26, refusing to takeoff nonsuit in case of James Russ v. Commonwealth of Pennsylvania. Assumpsit on a contract.
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Appeal, No. 7, May T., 1904, by plaintiff, from order of C. P. Dauphin Co., Commonwealth Docket, 1908, No. 26, refusing to takeoff nonsuit in case of James Russ v. Commonwealth of Pennsylvania. Assumpsit on a contract. The court entered a compulsory nonsuit which it subsequently refused to take off, Weiss, P. J., filing the following opinion: The plaintiff was authorized and allowed by an Act of Assembly, approved April 25, 1903, P. L. 315, to bring suit in this court against the commonwealth “ to recover any sum or sums of money that may be legally or justly due him.” He sued in assumpsit…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
Want of authority from the state to the committees of military affairs of the senate and house to enter into a contract with the plaintiff was the reason given for the entry of the nonsuit and the refusal to take it off. If there was such authority, it is to be found in the following preamble and resolu*551tion passed over the veto of the governor: “ Whereas, the dedication of a monument erected in memory of the late General U. S. Grant, in New York, occurs on April 27, and is a matter of national importance, which the commonwealth of Pennsylvania should suitably…
2Cases cited8 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
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