Allegheny v. Stewart
Superior Court of Pennsylvania
Appeal, No. 55, April T., 1910, by defendant, from order of C. P. No. 3, Allegheny Co., Nov. T., 1904, M. L. D. No. 318, making absolute rule for judgment for want of a sufficient affidavit of defense in case of City of Allegheny v. Catherine W. Stewart, with notice to John D. Shafer. Scire facias sur municipal lien for grading, paving and curbing a street. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 55, April T., 1910, by defendant, from order of C. P. No. 3, Allegheny Co., Nov. T., 1904, M. L. D. No. 318, making absolute rule for judgment for want of a sufficient affidavit of defense in case of City of Allegheny v. Catherine W. Stewart, with notice to John D. Shafer. Scire facias sur municipal lien for grading, paving and curbing a street. Rule for judgment for want of a sufficient affidavit of defense. Evans, J., filed the following opinion: This is an action based upon a scire facias sur municipal lien, and the case comes before the court on a rule for judgment for want of…
1Opinion of the Court
Opinion by
Henderson, J.,
We have passed the point at which it can be success*539fully contended that the legislature has not the power to legalize a municipal improvement which it might previously have ordered. Where the abutting property has been benefited by a street improvement made under void authority the lots may be charged for their proportionate shares of benefit received by subsequent legislation. A retroactive enactment can cure a want of authority in levying the tax. The liability of the land to such a charge does not depend on the question of ownership. It is the benefit which the…
2Cases cited8 opinions
- Tallman v. City of JanesvilleWisconsin Supreme Court · 1863
- Donley v. City of PittsburghSupreme Court of Pennsylvania · 1892
- Butler v. City of ToledoOhio Supreme Court · 1855
- City of Chester v. BlackSupreme Court of Pennsylvania · 1890
- City of Harrisburg v. McCormickSupreme Court of Pennsylvania · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Phipps v. School Dist. of PittsburghCourt of Appeals for the Third Circuit · 1940