Wolff Chemical Co. v. Philadelphia

Citations

• 217 Pa. 215
• 66 A. 344
• 1907 Pa. LEXIS 688

Syllabus

<p>Corporations — Trading corporation — Right to maintain taxpayer’s bill — Municipalities—Diversion of public funds.</p> <p>A trading corporation which is a resident and taxpayer in a city has a right to maintain a taxpayer’s bill to restrain illegal action on the part of the officials of the city in the appropriation of public funds; and it is immaterial that the fund in question was raised by a loan authorized by the electors of the city and not by taxpayers.</p> <p>Municipalities — Increase of indebtedness — Wrongful appropriation of funds.</p> <p>Where a city has incurred liability in opening a boulevard and thereafter the electors of the city have authorized a loan, part of which is to be “for continuing the improvement of the boulevard,” the city councils have no right to divert the fund raised by the loan for the payment of mandamuses for the opening of the boulevard.</p> <p>In such a case it is dear that the appropriation “for continuing the improvement of the boulevard,” was not intended to be applied to the opening of the boulevard. “Continuing the improvement of the boulevard” implies the prior existence of a boulevard, a change for the better in its condition, and that some progress had previously been made in bettering its condition when the city councils and the electors authorized the increase of the municipal indebtedness for the purpose.</p>