Legal Opinion

Dolan v. Schoen

Supreme Court of Pennsylvania

Decided March 18, 1918No. Appeal, No. 116PublishedCited by 11 opinions

Appeal, No. 116, Jan. T., 1917, by defendants, from decree of C. P. Schuylkill Co., Nov. T., 1916, No. 1, awarding an injunction, in case of Hugh Dolan, for himself, and for such other taxpayers as may become parties, v. Jacob B. Schoen, Hiram S. Davies, J. Oren Bearstler, George W. Jungkurth, Councilmen; F. Pierce Mortimer, Mayor; Harry K. Portz, City Controller, and Frank W. Leib, Treasurer of the City of Pottsville; C. Messersmith, A. C. Hasler, Jacob F. Speacht, George…

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Appeal, No. 116, Jan. T., 1917, by defendants, from decree of C. P. Schuylkill Co., Nov. T., 1916, No. 1, awarding an injunction, in case of Hugh Dolan, for himself, and for such other taxpayers as may become parties, v. Jacob B. Schoen, Hiram S. Davies, J. Oren Bearstler, George W. Jungkurth, Councilmen; F. Pierce Mortimer, Mayor; Harry K. Portz, City Controller, and Frank W. Leib, Treasurer of the City of Pottsville; C. Messersmith, A. C. Hasler, Jacob F. Speacht, George M. Knoll, Charles O. Faust and H. W. Lord. Bill in equity for injunction. Before Bechtel, P. J. The opinion of the…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is a taxpayer’s bill to restrain the expenditure of' public money. Pottsville is a city of the third class; and, at the beginning of 1916, its councilmen decided to remodel and improve the city hall. For such purpose twenty-five hundred dollars were included in the general appropriation ordinance for that year. An architect was employed to prepare plans and specifications, and thereafter, upon due advertisement, bids were submitted for different parts of the work, a tabulation of which showed that the improvement would cost nearly two thousand dollars more…

2Cases cited3 opinions

  1. Mazet v. City of PittsburghSupreme Court of Pennsylvania · 1890
  2. Louchheim v. PhiladelphiaSupreme Court of Pennsylvania · 1907
  3. Philadelphia Co. v. City of PittsburghSupreme Court of Pennsylvania · 1916

3Cited by11 opinions

  1. Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
  2. Page v. KingSupreme Court of Pennsylvania · 1925
  3. Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1925
  4. Commonwealth Ex Rel. v. JonesSupreme Court of Pennsylvania · 1925
  5. Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1930

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