Commonwealth ex rel. Kelly v. City of Pittsburg
This text of 38 A. 628 (Commonwealth ex rel. Kelly v. City of Pittsburg) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is unnecessary to refer in detail to the facts of this case. They sufficiently appear in the pleadings and in the opinion of the court below; and for reasons given in that opinion, we think the decree should not be disturbed. The case is clearly not within the inhibition of section 7 article IX. of the constitution. The appropriation was a very reasonable one; and the purpose for which it was made was certainly not foreign to the material interests and general prosperity of the municipality, but quite the contrary. We are therefore of opinion there was no error in holding that councils had the power to make the appropriation, and that good faith to the relators, and others who acted in reliance thereon requires that the sum thus appropriated should be paid.
Decree affirmed and appeal dismissed at appellants’ costs.
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Cite This Page — Counsel Stack
38 A. 628, 183 Pa. 202, 1897 Pa. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-kelly-v-city-of-pittsburg-pa-1897.