Pennsylvania State Reports Volume 43

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1864 Excerpt: ... Commonwealth ex rel. John B. Gest versus The Councils of Pittsburgh. Bonds of the City of Pittsburgh to the Pittsburgh and Connellsville Railroad Company in payment of Subscription to Stock, how authorized and issued. 1. The questions already decided in the other caaes of railroad subscriptions of like character to this, will not be again considered. 2. Where a subscription to the stock of a railroad company on behalf of a city, is authorized by ordinance, to be made on certain conditions precedent, the subsequent issue of bonds in payment of the subscription proves the conditions to have been either complied with, or waived by the city. 3. An ordinance passed February 14th 1853, as authorized by Act of Assembly of April 18th 1843, having directed a prospective subscription, all legal ohjections being removed, and an act having been passed April 12th 1853, removing the legal objections, the subsequent subscription is deemed to have been made under the said acts, and the bonds issued therefor, their validity being acquiesced in for years whilst they were passing from hand to hand, are binding on the corporation. 4. Where the whole defence is grounded upon alleged neglect on the part of the makers of the bonds, it is not to be favoured. This was an alternative mandamus, issued out of the Supreme Court, in the name of the Commonwealth, on the relation of John B. Gest, against the Councils of the City of Pittsburgh, commanding them to assess and levy a tax to provide for the payment of the interest upon bonds issued by the said city, in payment of her subscription of $500,000 to the capital stock of the Pittsburgh and Connellsville Railroad Company. The material facts of the case will be found in the opinion of this court. The case was argued at Pittsburgh, Nov...