Philadelphia v. Commonwealth
Supreme Court of Pennsylvania
Appeal, No. 165, Jan. T., 1921, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Dee. T., 1917, No. 2343, for defendant on case tried by the court without jury, in suit of Phila. Co. y. Commonwealth of Pennsylvania. Assumpsit to recover expenses paid out for primary elections. Before Staake, J. The opinion of the Supreme Court states the facts. The court, on a trial without a. jury, entered judgment for defendant. Plaintiff appealed.
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Appeal, No. 165, Jan. T., 1921, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Dee. T., 1917, No. 2343, for defendant on case tried by the court without jury, in suit of Phila. Co. y. Commonwealth of Pennsylvania. Assumpsit to recover expenses paid out for primary elections. Before Staake, J. The opinion of the Supreme Court states the facts. The court, on a trial without a. jury, entered judgment for defendant. Plaintiff appealed. Error assigned was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
This is a suit by the County of Philadelphia against the Commonwealth of Pennsylvania to recover approximately $500,000, expenses incurred by the former in conducting primary elections from 1911 to 1914, inclusive.
The case was tried before the court below without a jury. After more than 1,100 pages of testimony had been taken, the learned trial judge determined that the statute which authorized the suit—Act of June 22,1917, P. L. 636,—was “offensive special legislation,” and, therefore, the Court of Common Pleas of Philadelphia County had no…
2Cases cited3 opinions
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Collins v. CommonwealthSupreme Court of Pennsylvania · 1919
- Buckley v. HolmesSupreme Court of Pennsylvania · 1917
3Cited by20 opinions
- Cali v. PhiladelphiaSupreme Court of Pennsylvania · 1962
- Lennox v. ClarkSupreme Court of Pennsylvania · 1953
- Waits' EstateSupreme Court of Pennsylvania · 1939
- Philadelphia v. CommonwealthSupreme Court of Pennsylvania · 1923
- McCoach v. PhiladelphiaSupreme Court of Pennsylvania · 1922
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