Legal Opinion

City of Allentown v. Grim

Supreme Court of Pennsylvania

Decided March 23, 1885No. 322PublishedCited by 3 opinions

Error to tbe Court of Common Pleas, of Lehigh county: Of January Term, 1885, No. 322. Tbis was a scire facias sur municipal lien, filed by tbe City of Allentown (a city of the third class, under the Act of 1874, dividing cities into classes) against Ephraim Grim, for the cost of laying water mains on Hamilton street in said city, along the front of the defendant’s property. Pleas, nil debet, nul iiel record, payment with leave, etc.

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Error to tbe Court of Common Pleas, of Lehigh county: Of January Term, 1885, No. 322. Tbis was a scire facias sur municipal lien, filed by tbe City of Allentown (a city of the third class, under the Act of 1874, dividing cities into classes) against Ephraim Grim, for the cost of laying water mains on Hamilton street in said city, along the front of the defendant’s property. Pleas, nil debet, nul iiel record, payment with leave, etc. On tbe trial, before Hagenman, P. J., of the twenty-third judicial district, defendant put in evidence the ordinance book and journals of councils to show that…

1Opinion of the CourtJustice Trunkey

To defeat the plaintiff’s recovery the defendant adduced the Ordinance Book wherein is recorded the ordinance empowering the Board of Water Commissioners to lay the water main. He also gave in evidence the journals which show that the ordinance was finally passed by the common council on January 2d, 1883, and by the select council on the 16th day of the same month. In proper order the ordinance was signed by the president and clerk of each branch of the council, and following their signatures is indorsed: “Approved January 10th, 1883, E. G. Martin, Ma3ror.” No oral evidence was offered to…

2Cited by3 opinions

  1. City of Erie ex rel. Eichenlaub v. Piece of Land fronting on Eleventh StreetSuperior Court of Pennsylvania · 1899
  2. In Re John E. CorveyMissouri Court of Appeals · 1926
  3. Erie v. Parade Street Market Co.Superior Court of Pennsylvania · 1908

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