Kepner v. Commonwealth
Supreme Court of Pennsylvania
' Error to the Common Pleas of Dauphin county. This was an application in the name of the Commonwealth ex relatione The City of Harrisburg, by the common council thereof, for a mandamus against William II. Kepner, mayor of said city, commanding him to sign certain coupon bonds, or certificates of loan for $5000, issued by the city of Harrisburg in favour of John Reigel, for money loaned for the use of the city.
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' Error to the Common Pleas of Dauphin county. This was an application in the name of the Commonwealth ex relatione The City of Harrisburg, by the common council thereof, for a mandamus against William II. Kepner, mayor of said city, commanding him to sign certain coupon bonds, or certificates of loan for $5000, issued by the city of Harrisburg in favour of John Reigel, for money loaned for the use of the city. The petition was filed October 29th 1860, and a rule granted on the defendant to show cause on or before the first day of the next term, why a mandamus should not issue against him.…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
The only question of any importance in this case, and the only one argued by the counsel is, whether the resolution of the city council, which the mayor is called upon to execute, is such a one as, in order to be valid, must be presented to the mayor for his approval, and also recorded. We think it is.
The resolution itself is, apparently, of very little importance, being only to- renew a loan already owed by the city, as the legal successor of 'the borough of Harrisburg. It does not appear to *129change anything except the time of payment,…
2Cited by11 opinions
- Eddy v. Ashley BoroughSupreme Court of Pennsylvania · 1924
- Schenck v. BurgessSupreme Court of Pennsylvania · 1897
- Shaub v. Lancaster CitySupreme Court of Pennsylvania · 1893
- Ephrata Water Co. v. Ephrata BoroughSuperior Court of Pennsylvania · 1901
- Grier v. Borough of HomesteadSuperior Court of Pennsylvania · 1898
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