King v. Philadelphia Co.

Citations

• 154 Pa. 160
• 26 A. 308
• 1893 Pa. LEXIS 862

Syllabus

<p>Officers — Acts performed under unconstitutional act.</p> <p>Acts performed by municipal officers under the authority of an act of the legislature are not rendered invalid, when the act of the legislature is subsequently declared void.</p> <p>Opening of streets under void act of June 14, 1887 — Equity.</p> <p>On a bill in equity to restrain a gas company from maintaining its pipes in a street, it appeared that the street in question had been opened and the damages therefor had been assessed and paid, in strict conformity with the act of June 14, 1887, P. L. 386. The pipes were laid by permission of the city in 1889. In 1891 the act of 1887 was declared unconstitutional. Held, that plaintiff could not call in question the validity of the proceedings to open the street, and that defendants had a right to assume that the officials who opened the street and gave them permission to use it were legally constituted officials, with full power to act as they did.</p> <p>Estoppel — Acceptance of assessments.</p> <p>In such a case, it seems that no question of estoppel arises against plaintiff by reason of payment by him of assessed benefits.</p>