Harrisburg v. Mish

Citations

• 14 Pa. Super. 496
• 1900 Pa. Super. LEXIS 69

Syllabus

<p>Municipal contract — Controller's certificate — Statutes—Act of May 25, 1889.</p> <p>A municipal contract provided for payment to the contractor of a certain sum for grading a street, such payment to be made in cash from time to time in such sums as shall be estimated for by the commissioner of highways, upon his warrant duly countersigned by the city controller out of assessments paid into the city treasury and from no other fund. Held, That section 5 of article 9, Act of May 23, 1889, P. L. 277, applies to such a contract, and that on the trial of a sci. fa. sur municipal lien against a property owner, there could be no recovery on the assessment in the absence of the controller’s certificate.</p> <p>Practice, C. P. — Record—Controller's indorsement after verdict.</p> <p>The indorsement by the controller after verdict cannot affect the decision of the question of the validity of a municipal contract. The liability of the defendant must be adjudicated upon the facts developed on trial. The record was made up when the evidence closed.</p>