Bailey v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 219, July T., 1894, by plaintiffs, from decree of C. P. No. 4, Phila. Co., June T., 1894, No. 470, dissolving a preliminary injunction. Bill in equity for an injunction to restrain the payment of money to Margaret T. Sherry. From the record it appeared that the plaintiffs were taxpayers of the city of Philadelphia.
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Appeal, No. 219, July T., 1894, by plaintiffs, from decree of C. P. No. 4, Phila. Co., June T., 1894, No. 470, dissolving a preliminary injunction. Bill in equity for an injunction to restrain the payment of money to Margaret T. Sherry. From the record it appeared that the plaintiffs were taxpayers of the city of Philadelphia. The ordinance under which Miss Sherry claimed payment was dated June 18, 1894, and was as follows: “ The city controller is hereby authorized and directed to make the following transfer, viz: From item 56, to pay Miss Margaret Sherry the amount of salary in dispute,…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
This case does not raise any question of the relative powers of the board of education, and the sectional school boards, nor involve in any way the merits of the original controversy which came to this court in Com. ex rel. Sherry v. Jenks et al., 154 Pa. 368.
What we have now before us is the power of the councils of Philadelphia to make the appropriation to Miss Sherry, and to do it by a transfer of an item from one appropriation to another. On this subject the main question is the right of councils to recognize a moral obligation as a good consideration for…
2Cases cited8 opinions
- Hemphill v. McClimansSupreme Court of Pennsylvania · 1855
- Stebbins v. County of CrawfordSupreme Court of Pennsylvania · 1879
- Brooks v. Merchants N. BankSupreme Court of Pennsylvania · 1889
- Commonwealth v. OellersSupreme Court of Pennsylvania · 1891
- Leonard v. DuffinSupreme Court of Pennsylvania · 1880
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3Cited by34 opinions
- Desny v. WilderCalifornia Supreme Court · 1956
- Muir v. KaneWashington Supreme Court · 1909
- Anderson v. BestSupreme Court of Pennsylvania · 1896
- Volkwein v. Volkwein, Exr.Superior Court of Pennsylvania · 1941
- Blaustein v. BurtonCalifornia Court of Appeal · 1970
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