McKeesport Borough v. Fidler
Supreme Court of Pennsylvania
Appeal, No. 218, Oct. T., 1891, by defendant, from order of C. P. No. 2, Allegheny Co., April T., 1891, No. 921, making absolute a rule for judgment for want of a sufficient affidavit of defence. Assumpsit by McKeesport Borough against Eliza Fidler, to recover an assessment for the cost of constructing a sewer.
Read the full summary
Appeal, No. 218, Oct. T., 1891, by defendant, from order of C. P. No. 2, Allegheny Co., April T., 1891, No. 921, making absolute a rule for judgment for want of a sufficient affidavit of defence. Assumpsit by McKeesport Borough against Eliza Fidler, to recover an assessment for the cost of constructing a sewer. The plaintiff’s statement averred that under an ordinance approved August 28, 1889, a brick sewer was constructed on Speelman alley and Fifth avenue in the borough of McKeesport; that after the completion of the sewer three disinterested viewers, appointed by the council of the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The action in this case is the ordinary action of assumpsit brought by the borough of McKeesport against Eliza Fidler. In the statement of the plaintiff’s cause of action, it is claimed to recover the amount of an assessment made by viewers upon certain real estate of the defendant within the limits of the borough, for the cost of building a sewer upon a certain street and alley in said borough. The affidavit of defence alleges that the sewer was not built along any part of her property, but that her property is half a mile away from it, and that she had no notice…
2Cases cited9 opinions
- Lane County v. OregonSupreme Court of the United States · 1869
- Shaw v. PeckettSupreme Court of Vermont · 1854
- Olive Cemetery Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880
- Neill v. LacySupreme Court of Pennsylvania · 1885
- City of Erie v. First Universalist ChurchSupreme Court of Pennsylvania · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
- Provident Trust Co. v. Judicial B. & L. Assn.Superior Court of Pennsylvania · 1933
- Southwest Delaware County Municipal Authority v. Aston TownshipSupreme Court of Pennsylvania · 1964
- Pittsburg v. Sterrett Subdistrict SchoolSupreme Court of Pennsylvania · 1903
- Derry Township School District v. Barnett Coal Co.Supreme Court of Pennsylvania · 1938
31 more not listed; retrieve them via the Exa API.