City of Corry v. Corry Chair Co.
Superior Court of Pennsylvania
Appeal, No. 106, April T., 1901, by defendant from judgment of C. P. Erie Co., Feb. T., 1899, No. 31, on trial by the court without a jury in case of City of Corry v. Corry Chair Company. Scire facias sur municipal lien for a sewer.
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Appeal, No. 106, April T., 1901, by defendant from judgment of C. P. Erie Co., Feb. T., 1899, No. 31, on trial by the court without a jury in case of City of Corry v. Corry Chair Company. Scire facias sur municipal lien for a sewer. The title of the ordinance under which the sewer was authorized was as follows: “ Ordinance No. 380. “Authorizing the construction of a sewer on East Washington street and certain portions of Maple avenue, Park street and Wright street, and providing for the payment of the cost of the same.” The testimony showed that the ordinance was not based upon any petition…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from a judgment against the defendant in a scire facias upon a municipal lien for the amount of an assessment for benefits made under the Act of May 16, 1891, P. L. 75, to pay for the cost and expense of a sewer which was constructed under an ordinance approved August 30, 1894.
Section 3 of the ordinance provided as follows: “ That the cost of said sewer, lamp-holes, man-holes, catch-basins and connections shall be and the same is hereby levied and assessed upon the property benefited by said sewer, as provided by the acts of assembly of this…
2Cases cited7 opinions
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Myers v. Borough of South BethlehemSupreme Court of Pennsylvania · 1892
- City of Reading v. O'ReillySupreme Court of Pennsylvania · 1895
- Beaumont v. Wilkes-Barre City, Pennsylvania Court of Common Pleas, Luzerne County1891
- City of Erie ex rel. Eichenlaub v. Piece of Land fronting on Eleventh StreetSuperior Court of Pennsylvania · 1899
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3Cited by20 opinions
- Davis v. SulcoweSupreme Court of Pennsylvania · 1964
- Wigton's ReturnSuperior Court of Pennsylvania · 1942
- Butler Fair & Agricultural Ass'n v. Butler School DistrictSupreme Court of Pennsylvania · 1957
- Fox Chapel Sanitary Authority v. AbbottCommonwealth Court of Pennsylvania · 1978
- Estate of DalzellSuperior Court of Pennsylvania · 1929
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