Appeal of Harper
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Orawford county: Of January Term, 1885, No. 301. Bill in equity, between Alexander Powers and five others, property owners in the city of Meadville, complainants, and W. S. Harper, Mayor, et al., defendants, praying for a perpetual injunction, to restrain the collection of certain municipal assessments or taxes, levied by the city authorities, for the construction of a sewer in front of the complainants’property.
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Appeal from the Court of Common Pleas of Orawford county: Of January Term, 1885, No. 301. Bill in equity, between Alexander Powers and five others, property owners in the city of Meadville, complainants, and W. S. Harper, Mayor, et al., defendants, praying for a perpetual injunction, to restrain the collection of certain municipal assessments or taxes, levied by the city authorities, for the construction of a sewer in front of the complainants’property. A demurrer to the bill, on the ground that the complainants had a full and adequate remedy at law, was overruled by the court, and the…
1Opinion of the CourtChief Justice Mercur
The report of the Master and the opinion of the court are so full and clear that we deem it unnecessary to review the several questions presented in detail or at length. We will therefore refer to a few matters which we think control the case.
Equity is part of the law of this Commonwealth; yet a bill in equity will not lie where there is a complete and adequate remedy at-law. Is there such a remedy given to repair the wrong charged in this case ? Here the municipal authorities seek to collect assessments under an ordinance passed in March, 1882, for the construction of a sewer which in fact…
2Cited by16 opinions
- Borough of Green Tree v. Board of Property Assessments, Appeals & ReviewSupreme Court of Pennsylvania · 1974
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
- Whitney v. Jersey Shore BoroughSupreme Court of Pennsylvania · 1920
- Johnston v. PriceSupreme Court of Pennsylvania · 1896
- Arthur v. Polk Borough School DistrictSupreme Court of Pennsylvania · 1894
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