City of Pittsburg ex rel. Flanagan v. Daly
Superior Court of Pennsylvania
Appeal, No. 50, April T., 1897, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1896, No. 751, for want of a sufficient affidavit of defense. Assumpsit to recover the cost of paving sidewalk. The defendant was the owner of a lot of ground in the city of Pittsburg. The city, after notice alleged to have been given, proceeded to have a flagstone pavement or sidewalk laid. Upon completion of the work the cost was assessed by the city upon defendant’s lot.
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Appeal, No. 50, April T., 1897, by defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1896, No. 751, for want of a sufficient affidavit of defense. Assumpsit to recover the cost of paving sidewalk. The defendant was the owner of a lot of ground in the city of Pittsburg. The city, after notice alleged to have been given, proceeded to have a flagstone pavement or sidewalk laid. Upon completion of the work the cost was assessed by the city upon defendant’s lot. The defendant refused to pay the same and the city for the use of the contractor instituted this suit in assumpsit for…
1Opinion of the Court
Opinion by
Rice, P. J.,
It has been held, that an action of assumpsit cannot be maintained to recover a municipal assessment for paving a street (Phila. v. Merklee, 159 Pa. 515), or for the construction of a sewer (Phila. v. Bradfield, 159 Pa. 517) ; the only remedy provided by statute for the collection of such claims being a proceeding in rem. The case of McKeesport v. Fidler, 147 Pa. 532 goes still further, and holds, that a municipal assessment for the cost of building a sewer is a tax, and being a tax cannot be collected as an ordinary debt by a common-law action, unless such remedy is…
2Cases cited19 opinions
- Allegheny County Home's CaseSupreme Court of Pennsylvania · 1874
- Commonwealth v. JonesSuperior Court of Pennsylvania · 1897
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Chunk v. McGeeSupreme Court of Pennsylvania · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Briggs v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
- Mintzer v. GreenoughSupreme Court of Pennsylvania · 1899
- Commonwealth v. MintzSuperior Court of Pennsylvania · 1902
- Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
- Franklin v. HancockSuperior Court of Pennsylvania · 1901
14 more not listed; retrieve them via the Exa API.