Allegheny City v. McCaffrey
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 155 October Term 1889, Snp. Ct.; court below, No. 20 July Term 1889, Allegheny City M. L. D., C. P. No. 2. On April 5, 1889, the city of Allegheny issued a scire facias snr a municipal claim filed against a certain lot in the Second ward owned by Charlotte McCaffrey, for the sum of $8.58, for assessments for benefits for the opening of Federal street extension from Morris street to Perrysville…
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APPEAL BY DEFENDANT FROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 155 October Term 1889, Snp. Ct.; court below, No. 20 July Term 1889, Allegheny City M. L. D., C. P. No. 2. On April 5, 1889, the city of Allegheny issued a scire facias snr a municipal claim filed against a certain lot in the Second ward owned by Charlotte McCaffrey, for the sum of $8.58, for assessments for benefits for the opening of Federal street extension from Morris street to Perrysville plank road, under an ordinance of date October 14, 1886, enacted under the provisions of the act of April 1,1870, P. L.…
1Opinion of the Court
Opinion
Me. J^tice Steeeett :
Assuming, as we must in cases such as this, that every material averment of fact in the affidavit of defence is true, we think there is sufficient to entitle the defendant to a jury trial.
*142It may be true, as stated by tbe court below, that all tbe matters set up in the affidavit of defence were proper questions to be heard and decided on an appeal from the report of viewers, and approval by city councils ; but we have no right' to assume that they were so heard and decided, or that the defendant neglected to present them at the proper time, and is therefore estopped…
2Cited by12 opinions
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- Hutton v. McLaughlinSuperior Court of Pennsylvania · 1896
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