239 Pa. 259 | Pa. | 1913
Opinion by
The town council of the Borough of Claysville by ordinance took the necessary steps to provide for the submission of the question of increasing the municipal indebtedness to a vote of the electors. The election was held in accordance with the provisions of law and the increase was authorized. Appellant, a resident taxpayer, seeks to enjoin the borough authorities from issuing and selling bonds authorized to be issued by council in accordance with the wish of the people as expressed at the election held for the purpose of voting on the increase of indebtedness. The position of appellant is technical, and upon the merits of the case not convincing, but if it is the law, he has the right to assert it and the courts cannot disregard it. His main contention is that the borough council did not by separate ordinance express a desire to increase the indebtedness. It is urged that the duty of the council to express this desire by a separate ordinance was ruled by Hoffman v. Pittsburgh, 229 Pa. 36, and Bullitt v. Philadelphia, 230 Pa. 544. The learned president judge of the court below
On all the other questions raised by this appeal nothing of value can be added to what was said by the learned court below in the opinion dismissing the bill.
Decree affirmed at the cost of appellant.