Borough of Huntingdon v. Dorris
Superior Court of Pennsylvania
Appeal, No. 27, Oct. T., 1921, by defendant, from judgment of O. P. Huntingdon County, Dec. T., 1919, No. 24, on verdict for plaintiff, in the case of The Burgess and Town Council of The Borough of Huntingdon, in the County of Huntingdon, v. John D. Dorris. Scire facias sur municipal lien. Barnett, P. J., 41st Judicial District, specially presiding.
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Appeal, No. 27, Oct. T., 1921, by defendant, from judgment of O. P. Huntingdon County, Dec. T., 1919, No. 24, on verdict for plaintiff, in the case of The Burgess and Town Council of The Borough of Huntingdon, in the County of Huntingdon, v. John D. Dorris. Scire facias sur municipal lien. Barnett, P. J., 41st Judicial District, specially presiding. A scire facias was issued at the suit of the Borough of Huntingdon upon a lien filed for the construction of concrete paving and curbing on Warm Springs Avenue, adjoining property of the defendant in the said borough. Verdict was directed for the…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff filed a municipal lien against the defendant’s property and issued a scire facias thereon to enforce the collection of the claim. An affidavit of defense was filed challenging the validity of the lien because of defects in the statement of claim; because no ordinance was legally passed and adopted and transcribed in the ordinance book prior to the making of the improvement authorizing the same to be made; because the ordinance referred to does not declare the intention of the borough to improve the street in front of the defendant’s property and because…
2Cases cited7 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Lewis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
- Swartz v. Carlisle BoroughSupreme Court of Pennsylvania · 1912
- Towanda Borough v. FellSuperior Court of Pennsylvania · 1918
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