Legal Opinion

McKay-Smith v. Philadelphia

Superior Court of Pennsylvania

Decided July 16, 1913No. Appeals, Nos. 274 and 284PublishedCited by 2 opinions

Appeals, Nos. 274 and 284, Oct. T., 1912, by plaintiff and defendant, from decree of C. P. No. 2, Phila. Co., March T., 1908, No. 2,920, on bill in equity in case of Alexander Mackay-Smith and Charles C. Binney v. City of Philadelphia, John M. Walton, Controller of the County of Philadelphia, and Thomas Nihill. Bill in equity for an injunction and to declare the appointment of a policeman invalid.

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Appeals, Nos. 274 and 284, Oct. T., 1912, by plaintiff and defendant, from decree of C. P. No. 2, Phila. Co., March T., 1908, No. 2,920, on bill in equity in case of Alexander Mackay-Smith and Charles C. Binney v. City of Philadelphia, John M. Walton, Controller of the County of Philadelphia, and Thomas Nihill. Bill in equity for an injunction and to declare the appointment of a policeman invalid. Before Sulzberger, P. J. The facts appear in the opinion of the Superior Court. Error assigned in each appeal was the decree of the court.

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiffs, as taxpayers, brought this bill against the city of Philadelphia to restrain it from paying to Thomas Nihill for his services as patrolman of said city, and against John M. Walton, controller of the county of Philadelphia, to restrain him from countersigning warrants for the payment of salary of the said Nihill, and against Thomas Nihill to restrain him from collecting such salary. The bill averred that at a competitive examination held by the Civil Service Commission of the city of Philadelphia, in July, 1907, in order to create an eligible list or…

2Cases cited11 opinions

  1. Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
  2. Frame v. FelixSupreme Court of Pennsylvania · 1895
  3. Commonwealth ex rel. Bowman v. SliferSupreme Court of Pennsylvania · 1855
  4. Appeal of GilroySupreme Court of Pennsylvania · 1882
  5. Brower v. KantnerSupreme Court of Pennsylvania · 1899

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Kurtz v. Steinhart, Pennsylvania Court of Common Pleas, Northumberland County1947
  2. Branch v. Berger, Pennsylvania Court of Common Pleas, Carbon County1924

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