Hershberger v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the' Court of Common Pleas No. 2, of Allegheny county: Of October Term, 1886, No. 52. This was a scire facias sur municipal lien, brought by the citjr of Pittsburgh against Thomas P. Hershberger to recover damages caused by the grading of Carson street in said city.
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Error to the' Court of Common Pleas No. 2, of Allegheny county: Of October Term, 1886, No. 52. This was a scire facias sur municipal lien, brought by the citjr of Pittsburgh against Thomas P. Hershberger to recover damages caused by the grading of Carson street in said city. The defendant pleaded no lien, never indebted, and as a special plea that the damage for which the assessment for which the lien in this case was filed, Avas caused by grading a'btrip'of land not Carson street, and that this was without the authority of an Ordinance or of any law. On the trial before Magee, J., the…
1Opinion of the CourtJustice Cuabk
This is a scire facias upon a municipal lien, entered in the. Court of Common Pleas, No. 2, of Allegheny county, upon an assessment for benefits arising from the grading of "Carson street in the city of. Pittsburgh. The improvements were made under the Act known as the ■“ Penn Avenue Act,” but the assessment of the damages sustained and the benefits-*85accrued from the grading of the streets • was made under the special Act of_6_th January 1864.(P. L. 1131), and pursuant to an or diñan ce -oF~29th March, 1875. Portions only of the Tucwd "offered in evidence are printed, but from'the undisputed…
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