Gilfillan v. Grier

Citations

• 145 Pa. 317
• 22 A. 593
• 1891 Pa. LEXIS 670

Syllabus

<p>1. The notice which § 2, act of March 11, 1870, P. L. 373, requires the controller of Allegheny county to give to “the solvent banks, banking houses, or regular exchange brokers of .the city of Pittsburgh,” inviting proposals for the payment of interest on deposits of the county funds, maybe given by advertisements'in the official newspapers, selected under act of April 2, 1873, P. L. 483.</p> <p>2. When the controller gave notice by such publication, that proposals under the act of 1870 would be received until Tuesday, January 13, 1891, and his notice was correctly printed in three of the four official newspapiers, but in the fourth, a German paper, it was erroneously printed so as to read Tuesday, January 14th, an impossible date, this palpable error did not vitiate the notice.</p> <p>3. Equity, therefore, on a bill filed at the suit of a taxpayer would not enjoin the acceptance of a proposal duly received on January 13th; at least when the bill contained no averment of any specific fact going to show that the county or the plaintiff would be injured thereby, or that any higher bid would have been received had the error not occurred.</p>