Commonwealth ex rel. O'Rourke v. Davis
Supreme Court of Pennsylvania
Appeal, No. 234, Jan. T., 1900, by plaintiff, from order of C. P. No. 4, Phila. Co., March T., 1900, No. 89, refusing mandamus in case of Commonwealth ex rel. Michael O’Rourke v. Charles E. Davis and others, constituting the department of education under the act of June 1, 1885. Petition for mandamus. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to award mandamus.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The city of Philadelphia by an ordinance of councils ap*279proved June 17, 1898, authorized a loan of “ $900,000 for the completion of the boys’ high school and erection of new school buildings,” and the councils by an ordinance approved December 28, 1898 made an appropriation, being item 59 of the annual appropriation to the board of public education for the year 1899, “ for purchase of lots and erection of new buildings, $300,000, subject to future legislation by councils.” By an ordinance approved March 27, 1899, the councils directed the city solicitor to…
2Cited by2 opinions
- Rosenblit v. PhiladelphiaSuperior Court of Pennsylvania · 1905
- Board of Public Education v. RansleySupreme Court of Pennsylvania · 1904