MAYER v. HEMPHILL


411 Pa. 1 (1963)

Mayer, Appellant, v. Hemphill.

Supreme Court of Pennsylvania.

April 26, 1963.


Attorney(s) appearing for the Case

Edward R. Becker and Stanley M. Greenberg, with them William A. Meehan, for appellant.

Edward G. Bauer, Jr., City Solicitor, and David Berger, Special Counsel, with them Ellis A. Horwitz and Matthew W. Bullock, Jr., Assistant City Solicitors, and James L. Stern, Deputy City Solicitor, for appellees.

Jerome J. Shestack, with him Ira P. Tiger, William A. Schnader, and Schnader, Harrison, Segal & Lewis, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, April 26, 1963:

Plaintiff, a taxpayer and registered elector, filed a taxpayer's Complaint in Equity against the Controller and other (named) fiscal officers of Philadelphia to restrain them from paying the salary of James H.J. Tate; and to enjoin Tate from holding the office of City Councilman; and such other relief as the Court may deem proper. Tate was granted permission by the Court to appear as defendant-intervenor. Tate, according...

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