Commonwealth ex rel. Allegheny City v. Marshall
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 79, to October and November Term 1870. This was a scire facias on a lien filed August 21st 1867, for grading, &c., Ridge street, in Allegheny City, issued September 20th 1867, by the Commonwealth, to the use of the city, against A. Marshall. The Act of April 13th 1840, Pamph.
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Error to the District Court of Allegheny county: No. 79, to October and November Term 1870. This was a scire facias on a lien filed August 21st 1867, for grading, &c., Ridge street, in Allegheny City, issued September 20th 1867, by the Commonwealth, to the use of the city, against A. Marshall. The Act of April 13th 1840, Pamph. L. 307, incorporating Allegheny City, enacted that such “ laws, ordinances, regulations and constitutions” of the city o'f Allegheny as should not be published as councils should direct within fifteen days after -their passage, and recorded within thirty days after…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Agnew, J.
This case was before us on a former writ of error, and is reported in 9 P. F. Smith 455. It was then decided that the resolution of the councils of the City of Allegheny of the 12th of April 1866, authorizing the committee on streets to enter into a new contract with James Hastings, for the grading of Ridge street, was null and void, because the same was not published and recorded as required by the city charter. An 'act to cure this omission was passed on the 24th day of March 1869. The preamble refers to this resolution as…
2Cited by8 opinions
- Swartz v. Carlisle BoroughSupreme Court of Pennsylvania · 1912
- Donley v. City of PittsburghSupreme Court of Pennsylvania · 1892
- Malicks' PetitionSuperior Court of Pennsylvania · 1939
- City of Chester v. BlackSupreme Court of Pennsylvania · 1890
- Harbold v. ReadingSupreme Court of Pennsylvania · 1946
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