Commissioners of District of Kensington v. Keith
Supreme Court of Pennsylvania
Error, to the District Court of the city and county of Philadelphia. Feb. 4. — This was a sci. fa. on a claim for curbing and paving by the district. The affidavit of defence, after denying consent to the work, set out that more than three squares were curbed and paved at one time, and the act of 1828-9, p. 190,191, givingthe authority to the district, provided, the curbing, &c.
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Error, to the District Court of the city and county of Philadelphia. Feb. 4. — This was a sci. fa. on a claim for curbing and paving by the district. The affidavit of defence, after denying consent to the work, set out that more than three squares were curbed and paved at one time, and the act of 1828-9, p. 190,191, givingthe authority to the district, provided, the curbing, &c. “ be not less in length than one, nor exceeding three squares at one timeand also that the lien had ceased before the writ issued. • The lien was filed in 1834, and the writ issued in 1843. The court below gave…
1Opinion of the CourtRogers, J.
— The question arising in this case is one of some interest to the inhabitants of the district, but happily of easy solution. It in truth is, whether municipal corporations are without check or control, so far as the pecuniary interests of the inhabitants of the district adjacent are concerned. The act under which the question arises runs thus : «That the board of commissioners” (the commissioners of the Kensington district) “ shall have full power and authority, upon the application of a majority of the owners of lots fronting on any street, road, lane, or alley, to pitch and pave such…
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