Appeal of Whelen
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Atteqheny county. In Equity: Of October and November Term, 1884, No. 221. This was a bill in equity, filed January 25th, 1884, bjr William E. Schmertz and twenty-nine others, citizens and taxpayers of the city of Pittsburgh, on behalf of themselves and other citizens and tax-payers who might come in and contribute to the expenses of the suit, complainants, and the city of Pittsburgh, its Mayor, Controller and Treasurer, and…
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Appeal from the Court of Common Pleas, No. 2, of Atteqheny county. In Equity: Of October and November Term, 1884, No. 221. This was a bill in equity, filed January 25th, 1884, bjr William E. Schmertz and twenty-nine others, citizens and taxpayers of the city of Pittsburgh, on behalf of themselves and other citizens and tax-payers who might come in and contribute to the expenses of the suit, complainants, and the city of Pittsburgh, its Mayor, Controller and Treasurer, and Henry Whelen, Wilson McCandless and John D. Seulty, defendants. The bill averred that the city of Pittsburgh, by its…
1Opinion of the CourtChief Justice Mercur
This bill was filed by citizens and tax-payers of the city of Pittsburgh to enjoin against the performance of a contract, entered into between a sub-committee of the finance committee of the councils of said city of the one part, and the appellants of the other part, bearing date the 14th May, 1881. The former agreed thereby to sell to the latter certain bonds to be issued, to the amount of $6,000,000.
The learned judge enjoined the city against delivering the bonds to the appellants under the terms of said agreement. The validity of this decree depends on the proper construction of the Acts…
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