Chester City v. White

Citations

• 220 Pa. 646
• 70 A. 125
• 1908 Pa. LEXIS 832

Syllabus

<p>Municipalities — Smallpox hospital — Equity—Consent decree — Intervening taxpayers — Vacating decree.</p> <p>Where on a bill in equity by a city to prevent the removal through the public streets, of buildings, which had been used as a smallpox hospital, the parties agree upon a decree directing that the buildings shall be destroyed, and the owners compensated by an amount mentioned, intervening taxpayers cannot, after the entry of the decree and the destruction of the buildings without payment having been made to the owners, object to the validity of the decree on the ground that the city authorities had not expressed their assent to the entering of the decree by a municipal ordinance. The vacation of the decree under such circumstances would be an unjust and inequitable exercise of judicial authority which the city itself could not demand, and the intervenors having no higher rights than the city, are subject to the same limitations and restrictions.</p>