Philadelphia v. Pennsylvania Hospital
Supreme Court of Pennsylvania
No. 106 January Term 1891, Sup. Ct.; court below, No. 27 June Term 1889, C. P. No. 1. To the number and term stated of the court below, the city of Philadelphia, to the use of John Mack, brought scire facias against the Contributors to the Pennsylvania Hospital, upon a municipal claim for curbing laid in front of defendant’s property, on the west side of Forty-second street.
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No. 106 January Term 1891, Sup. Ct.; court below, No. 27 June Term 1889, C. P. No. 1. To the number and term stated of the court below, the city of Philadelphia, to the use of John Mack, brought scire facias against the Contributors to the Pennsylvania Hospital, upon a municipal claim for curbing laid in front of defendant’s property, on the west side of Forty-second street. The defendant filed an affidavit of defence, averring that the claim of the plaintiff for curbing was a tax levied and assessed against the defendant; that defendant was incorporated by act of May 11, 1751, 1 Sm. L. 208;…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
In this action of scire facias sur municipal claim for curbing, etc., the defendant’s affidavit of defence was adjudged insufficient, and judgment was accordingly entered in favor of plaintiff for the amount of its claim. From that judgment this appeal was taken by defendant. The facts are fully presented in the statement of claim and affidavit of defence. There is no question as to the curbing having been properly done, nor as -to the cost thereof. The sole question is whether, upon any legal ground, either as a tax or under the police power of the city, the…
2Cases cited2 opinions
- Olive Cemetery Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880
- Wilkinsburg Bor. v. Home for Aged WomenSupreme Court of Pennsylvania · 1890
3Cited by11 opinions
- Evans v. West Norriton Township Municipal AuthoritySupreme Court of Pennsylvania · 1952
- Fisher Et Ux. v. City of Phila.Superior Court of Pennsylvania · 1933
- Bond v. PittsburghSupreme Court of Pennsylvania · 1951
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
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