Legal Opinion

Long v. Cheltenham Township School District

Supreme Court of Pennsylvania

Decided February 21, 1921No. Appeal, No. 255PublishedCited by 23 opinions

Appeal, No. 255, Jan. T., 1921, by defendant, from decree of C. P. Montgomery Co., April T., 1920, No. 4, in equity, awarding injunction, in case of George W. Long, individually, and on behalf of all other taxpayers of the School District of Cheltenham Township. Bill in equity for an injunction. Before Miller, J. The opinion of the Supreme Court states the facts. The court entered a decree awarding an injunction. Defendant appealed.

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Appeal, No. 255, Jan. T., 1921, by defendant, from decree of C. P. Montgomery Co., April T., 1920, No. 4, in equity, awarding injunction, in case of George W. Long, individually, and on behalf of all other taxpayers of the School District of Cheltenham Township. Bill in equity for an injunction. Before Miller, J. The opinion of the Supreme Court states the facts. The court entered a decree awarding an injunction. Defendant appealed. Error assigned, inter alia, was decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiff, as a taxpayer, filed a class bill against defendant to restrain it from further borrowing money and issuing bonds therefor, alleging that so to do would increase its total indebtedness to more than seven per centum (though less than ten per centum) of the assessed valuation of the taxable property in the school district, in violation of article IX, section 8, of the Constitution of the Commonwealth. Defendant admitted its inten*474tion to make the loan, and averred, as authority therefor, article IX, section 15, of the Constitution, adopted November 4,…

2Cases cited4 opinions

  1. Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
  2. Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
  3. Keller v. ScrantonSupreme Court of Pennsylvania · 1901
  4. Commonwealth ex rel. Trustees of Mothers' Assistance Fund v. PowellSupreme Court of Pennsylvania · 1917

3Cited by23 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Busser v. SnyderSupreme Court of Pennsylvania · 1924
  3. Jubelirer v. RendellSupreme Court of Pennsylvania · 2008
  4. Citizens Passenger Railway Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1921
  5. Commonwealth v. DabbierioSupreme Court of Pennsylvania · 1927

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