Legal Opinion

Smith v. City of Philadelphia

Supreme Court of Pennsylvania

Decided January 19, 1910No. Appeal, No. 273PublishedCited by 19 opinions

Jan. T., 1909, by defendants, from decree of C. P. No. 4, Phila. Co., Dec. T., ’’ 1908, No. 1,058, awarding permanent injunction in case of Samuel Smith v. The City of Philadelphia, John E. Reyburn, '"’’¡feyyr,' George R. Stearns, Director of the Department of /’ippohii Works, John M. Walton, Controller, and Edwin H. váre.' Bill in equity by a taxpayer to restrain the city of Philadelphia and "a contractor from entering into a contract supplemental to á prior contract for a…

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Jan. T., 1909, by defendants, from decree of C. P. No. 4, Phila. Co., Dec. T., ’’ 1908, No. 1,058, awarding permanent injunction in case of Samuel Smith v. The City of Philadelphia, John E. Reyburn, '"’’¡feyyr,' George R. Stearns, Director of the Department of /’ippohii Works, John M. Walton, Controller, and Edwin H. váre.' Bill in equity by a taxpayer to restrain the city of Philadelphia and "a contractor from entering into a contract supplemental to á prior contract for a municipal improvement. Before Willson, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was…

1Opinion of the Court

*426Opinion by

Mr. Justice Mestrezat,

March 14, 1910:

In the elaborate opinion filed by the learned president of the court below he has found the facts and amply vindicated the correctness of the decree which was entered. Two other opinions were filed by the same learned judge in a case arising between the same parties and involving the same question in which he reached a like conclusion. Every contention of the learned counsel of the appellants in this case has been met and answered by the court below and the decree may well be affirmed on its opinion.

By a contract dated September 29,1904, between…

2Cases cited1 opinion

  1. Hinkle v. PhiladelphiaSupreme Court of Pennsylvania · 1906

3Cited by19 opinions

  1. Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1925
  2. Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
  3. Harris v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  4. Flinn v. PhiladelphiaSupreme Court of Pennsylvania · 1917
  5. Commonwealth of Pa. v. RosserSuperior Court of Pennsylvania · 1930

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