Spangler v. Leitheiser

Citations

• 182 Pa. 277
• 37 A. 832
• 1897 Pa. LEXIS 807

Syllabus

<p>Municipalities — Gounties—Soldiers' monument — Gounty building — Acts of May 22, 1895 and April 19, 1895.</p> <p>A soldiers’ monument authorized to be erected by county commissioners under the Act of May 22, 1895, P. L. 97, is not a ‘ ‘ county building ” within the meaning of the Act of April 19, 1895, P. L. 88, requiring county commissioners, in the erection of “ a court house, jail, or other county building,” to let the work to the lowest and best bidder: Society of the Cincinnati’s Appeal, 154 Pa. 621, followed.</p> <p>Gonstitutional law — Municipal indebtedness — Soldiers' monument.</p> <p>It is error for a court to enjoin the erection of a soldiers’ monument on the ground that the contract is in violation of sections 8 and 10 of article IX. of the constitution where it appears that the debt, both gross and net, of the county, with the contract price of the monument added, is far below two per centum of the assessed valuation of property taxable for county purposes, and that the taxes levied by the commissioners for the year, together with the cash on hand and amounts due, are very largely in excess of the county’s liability, including the contract price of the monument.</p> <p>Equity — Injunction—Fraud—Evidence—Municipal contract.</p> <p>Mere proof of suspicious circumstances, without positive evidence of fraud, is not sufficient to justify an injunction against the awarding of a municipal contract.</p>