Legal Opinion

Butcher v. City of Philadelphia

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 7, 1940No. 1275Published

1Opinion of the Court

Gordon, Jr., P. J.,

This is a bill in equity by a taxpayer to restrain the issuance by the City of Philadelphia of ten-year bonds to the amount of $1,500,000 in order to fund a like amount of outstanding judgment, or “mandamus”, obligations arising out of capital expenditures by the city, which were incurred after it had exhausted its constitutional borrowing capacity. The facts are undisputed, and the case is before us on argument upon bill and answer.

Prior to the recent sale of future revenue of the gas works, the city had an accrued floating indebtedness of upwards of $39,000,000, included…

2Cases cited7 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  3. Graham v. PhiladelphiaSupreme Court of Pennsylvania · 1939
  4. Commonwealth v. CannonSupreme Court of Pennsylvania · 1932
  5. Plains Township's AppealSuperior Court of Pennsylvania · 1902

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