Trustees of the Erie Academy v. City of Erie
Supreme Court of Pennsylvania
Error to the Common Pleas of.Erie county. This was a scire facias on a municipal claim, by the City of Erie against the Trustees of the Erie Academy, for laying a plank sidewalk in front of a lot of ground owned by the defendants. The only point in controversy was, as to the validity of the ordinance under which the work was done, the facts in relation to which are fully set forth in the opinion of the court.
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Error to the Common Pleas of.Erie county. This was a scire facias on a municipal claim, by the City of Erie against the Trustees of the Erie Academy, for laying a plank sidewalk in front of a lot of ground owned by the defendants. The only point in controversy was, as to the validity of the ordinance under which the work was done, the facts in relation to which are fully set forth in the opinion of the court. There was a verdict in the court below, in favour of the plaintiff, for $148.61, subject to the opinion of the court upon the question of law. Judgment was subsequently entered on the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
By an Act of Assembly passed in 1836, the Burgess and Town Council of the borough of Erie were authorized to require the owners of lots in the borough to pave the side-walks *516in front of their respective lots; to fix a time within which requisition should be complied with; and in case of non-compliance, to cause such pavement to be constructed, and enforce the collection of the expense by scire facias, as in cases of mechanics’ liens. In pursuance of this act an ordinance was passed, on the 22d day of June 1849, requiring pavements to be made…
2Cited by1 opinion
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