Reilly v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1868, No. 2. This was a scire facias on a municipal lien issued, May 11th 1866, by the City of Philadelphia to the use of James Reilly against John Reilly, owner. The defendant pleaded to issue, and afterwards filed a special plea that the said James Reilly, the alleged contractor for the said paving, to whose use the suit above entitled is brought, was not selected according to law.
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Error to the District Court of Philadelphia: Of July Term 1868, No. 2. This was a scire facias on a municipal lien issued, May 11th 1866, by the City of Philadelphia to the use of James Reilly against John Reilly, owner. The defendant pleaded to issue, and afterwards filed a special plea that the said James Reilly, the alleged contractor for the said paving, to whose use the suit above entitled is brought, was not selected according to law. On the trial before Thayer, J., the plaintiff gave in evidence the lien filed in the District Court to September 1865, in the names above stated, against…
1Opinion of the Court
The opinion of the court was delivered,
by
Williams, J.
This was a scire facias on a municipal claim filed by the city of Philadelphia, for the use of James Beilly, to recover the cost of paving Cumberland street in front of the defendant’s property. The paving was done under a resolution requiring the contractor employed to do the work to be selected by a majority of the lot-owners representing at least one-half of the feet front to be paved. The fact that the contractor was not selected by a majority of the lot-owners was directly put in issue by the defendant’s special plea; and there was no…
2Cited by8 opinions
- Trevorton Water Supply Co. v. Zerbe TownshipSupreme Court of Pennsylvania · 1917
- City of Erie ex rel. Erie Paving Co. v. A Piece of Land Fronting on Eighteenth StreetSupreme Court of Pennsylvania · 1896
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Willis Bancroft, Inc. v. Millcreek TownshipSupreme Court of Pennsylvania · 1939
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
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