Wilson v. Blaine

Citations

• 262 Pa. 367
• 105 A. 555
• 1918 Pa. LEXIS 653

Syllabus

<p>Equity — Jurisdiction—Taxpayer’s bill — Municipalities—Issue of bonds — Election — Alleged invalid election — Collateral review of other court proceedings — Bill for injunction — Refusal of injunction.</p> <p>1. Courts of equity in this State have no jurisdiction save that expressly conferred upon them.</p> <p>2. There is no jurisdiction in equity to contest the result of an election held to determine whether or not the debt of a municipality may be increased.</p> <p>3. Equity will not restrain the issuance of bonds by a municipality, after the election court has certified that the electors have assented to an increase of the debt, for any reason which relates simply to the conduct of the election.</p> <p>4. In statutory proceedings, not in accordance with the course of common law, no right can be exercised save such as is given hy the statute.</p> <p>5. As the Act of April 20,1874, P. L. 65, provides no method for contesting the result of an election on the question of an increase of a municipality’s indebtedness, there can he no contest thereof.</p> <p>6. The judgments and decrees of the courts in such proceedings cannot he collaterally reviewed by proceedings in equity.</p> <p>7. A bill filed by a taxpayer in his own name and right, and not on behalf of himself and other taxpayers, is not a taxpayer’s bill, and no relief can be granted thereunder regarding matters in which all the taxpayers generally are interested.</p>