Legal Opinion

City of Harrisburg v. Shepler

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 47PublishedCited by 7 opinions

Appeal, No. 47, March T., 1898, by plaintiff, from judgment of C. P. Dauphin County, Jan. T., 1898, No. 67, in favor of defendants on case stated. Case stated.

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Appeal, No. 47, March T., 1898, by plaintiff, from judgment of C. P. Dauphin County, Jan. T., 1898, No. 67, in favor of defendants on case stated. Case stated. Before McPherson, J. The facts sufficiently appear from the following case stated: And now, October 1, 1897, the following facts are agreed upon in the nature of a special verdict, for the opinion of the court thereon: 1. On August 13,1890, the mayor of the city of Harrisburg duly approved ordinance No. 317, file of the select counsel, authorizing the paving of Fourth and Sixth streets in said city, a copy of which is hereto attached…

1Opinion of the Court

Opinion by

Rice, P. J.,

This case involves the construction of the 5th section of article 9 of the Act of May 23, 1889, P. L. 277, 303, and its application to assessments for paving done under contract. The section reads as follows :

“ Every contract involving an appropriation of money shall designate the item of appropriation on which it is founded, and the estimated amount of expenditure thereunder shall be charged against such item and so certified by the controller on the contract before it shall take effect as a contract, and the payments required by such contract shall be made from the…

2Cases cited12 opinions

  1. Steckert v. City of East SaginawMichigan Supreme Court · 1870
  2. Silsby Mfg. Co. v. AllentownSupreme Court of Pennsylvania · 1893
  3. City of Logansport v. CrockettIndiana Supreme Court · 1878
  4. Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892
  5. City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880

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3Cited by7 opinions

  1. Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
  2. Sandy Lake Borough v. Sandy Lake & Stoneboro Gas Co.Superior Court of Pennsylvania · 1901
  3. Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904
  4. Commonwealth v. FosterSupreme Court of Pennsylvania · 1906
  5. Harrisburg v. MishSuperior Court of Pennsylvania · 1900

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