Miller v. Philadelphia

Citations

• 231 Pa. 196
• 80 A. 68
• 1911 Pa. LEXIS 815

Syllabus

<p>Municipalities — Contracts—Appropriation by councils — Legal expenses — Act of April 21,1858, P. L. 885.</p> <p>1. . Under the Act of April 28,1858, P. L. 385, no contract is legally binding upon the city of Philadelphia unless there has been “an appropriation sufficient to pay the same previously made by councils.”</p> <p>2. Where councils pass an ordinance appropriating $5,000 to pay counsel for legal services rendered, in a particular suit mentioned, and, by another item, appropriating $10,000 “for expenses connected with the investigation” of transactions connected with the suit and similar matters, a special counsel, after receiving the sum of $5,000 for services rendered in the suit before the ordinance was passed, cannot claim any of the $10,000 mentioned in the second item, although he has earned additional compensation over and above the sum of $5,000, and is morally entitled to receive it.</p>