Yoho v. Allegheny County
Supreme Court of Pennsylvania
Appeal, No. 57, Oct. T., 1907, by plaintiffs, from decree of O. P. No. 2, Allegheny Co., Jan. Term, 1907, No. 302, dismissing bill in equity in case of George D. Yoho and Henry Werries v. Allegheny County, and Charles B. Price, I. K. Campbell and James A. Clark. Bill in equity for an injunction.
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Appeal, No. 57, Oct. T., 1907, by plaintiffs, from decree of O. P. No. 2, Allegheny Co., Jan. Term, 1907, No. 302, dismissing bill in equity in case of George D. Yoho and Henry Werries v. Allegheny County, and Charles B. Price, I. K. Campbell and James A. Clark. Bill in equity for an injunction. Shaker, J., stated the case to be as follows : The bill in this case is by citizens and taxpayers of the county against the county commissioners, to enjoin them from erecting a memorial hall under the provisions of the act of April 12, 1905, upon the allegations that the act is unconstitutional and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
As a matter of strict pleading, the demurrer setting up, inter alia, laches after notice was bad as a speaking demurrer and should have been overruled. But as the only questions in the case are of law, there being no facts in dispute, and the subject-matter is one involving considerable expenditure of public money which should not be kept in unnecessary suspense, the court, with the acquiescence of counsel, has considered the legal question on its merits.
The decree might well be affirmed on the view of the learned judge below that the proposed building is…
2Cases cited6 opinions
- Seabolt v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1898
- Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- In re Borough of PottstownSupreme Court of Pennsylvania · 1888
- Society of the Cincinnati's AppealSupreme Court of Pennsylvania · 1893
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3Cited by2 opinions
- Commonwealth v. ThomasSupreme Court of Pennsylvania · 1915
- Carns v. MatthewsSuperior Court of Pennsylvania · 1934