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· 6/11/1918

Schlanger v. West Berwick Borough

Citations

  • 261 Pa. 605
  • 104 A. 764
  • 1918 Pa. LEXIS 798

Syllabus

<p>Equity — Taxpayer’s bill — Glass bill — Boroughs — Paving — Alleged illegal assessment — Adequate remedy at law — Demurrer.</p> <p>1. A taxpayer’s bill is essentially a class bill.</p> <p>2. A class bill will not be sustained unless (a) the relief sought is in- its nature beneficial to all in the class; and (b) it is intended to prevent tbe wrongful expenditure of tbe money, or the wasting of the assets of the entire class.</p> <p>3. A taxpayer’s bill will not be sustained to prevent the filing of municipal claims against plaintiff’s properties. In such case there is an adequate remedy at law.</p>

Judges: Brown, Frazer, Moschzisker, Simpson, Wallino

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