Commonwealth ex rel. Century Co. v. City of Philadelphia

Citations

• 180 Pa. 12
• 36 A. 404
• 1897 Pa. LEXIS 860

Syllabus

<p>Municipalities — Controllers—Mandamus—Amendment—Appeal.</p> <p>On appeal the Supreme Court awarded a mandamus to compel the controller of a city to sign a warrant for the payment of money for dictionaries contracted for by the boai'd of education. Subsequently the controller made a motion in the Supreme Court for leave to amend his return, so as to set forth as one of his reasons for refusing to countersign the warrant, the fact that he had made an investigation, and found that the relator was charging buyers of like quantities of dictionaries a lower price than that charged the board of education. Held, (1) that leave to amend is denied; (2) that the judgment heretofore entered stand; (3) that if the motion was intended as an additional and substantive ground of defense, application for leave should have been made to the court below.</p>