Brown v. City of Corry

Supreme Court of Pennsylvania May 18, 1896

Brown v. City of Corry, 175 Pa. 528 (Pa. 1896)

34 A. 854; 1896 Pa. LEXIS 1283

Dean, Fell, Green, McCollum, Williams

Opinion of the Court

Per Curiam,

Notwithstanding the very able and interesting argument of the learned counsel for the appellants, we are not convinced of any error in the decree rendered in this case. The findings of fact and the conclusions of law expressed by the learned judge of the court below, are in entire accord with our views, and we therefore affirm the decree upon the opinion filed.

Decree affirmed and appeal dismissed at the cost of the appellants.

Reference

Full Case Name: Isaac B. Brown, W. W. Morgaridge, Frank H. Button, C. P. Rogers, Jr., J. A. Lossee and F. Stanford v. The City of Corry, R. N. Seaver, Mayor, Martin Stark, Treasurer, W. C. Shields, Controller, Claude Porter, City Clerk, G. D. Gilbert, City Engineer, D. L. Dewey, Edward Kinley, Joseph Mortz, Elmer M. Love, James Drown, Chas. Porter, T. A. Edwards, Geo. Thomas, Sr., Frank Heath, J. A. Farnham, Henry Cogswell, E. D. McKenzie, J. R. Brigham, Rus. Hammond and C. Halter, Councilmen of said City of Corry, and Joseph F. Witmer, of the City of Buffalo and State of New York
Cited By: 30 cases
Status: Published
Syllabus: Municipalities — Municipal indebtedness — Increase of indebtedness— Plant for water works — Constitutional law. A contract was entered into by a municipality whose indebtedness was in excess of the constitutional limit to purchase the plant of a water works from W., to be paid for by twenty annual installments out of the “ current revenues and not otherwise ” of the city. Held, that it was the creation of a debt, and, therefore, a violation of the constitutional provision prohibiting the incurring of an indebtedness beyond certain prescribed limits.