McKay-Smith v. Philadelphia

Citations

• 54 Pa. Super. 257
• 1913 Pa. Super. LEXIS 51

Syllabus

<p>Public officers — Illegal appointment — Equity—Injunction.</p> <p>A bill in equity filed by a taxpayer for the sole purpose of having the election of a public officer declared invalid, and not as auxiliary to other relief prayed for, cannot be maintained. If, however, the bill also prays for an injunction to restrain the payment of such officer’s salary out of public moneys, such bill may be maintained, but the court has no power on such a bill merely to decree that the appointment was invalid.</p>