City of Philadelphia v. Yewdall
Supreme Court of Pennsylvania
Appeal, No. 248, Jan. T., 1897, by plaintiff,’from judgment of C. P. No. 4, Phila. Co., March T., 1895, No. 205, M. L. II., on case stated. Scire facias sur municipal lien for paving. Case stated. The facts as disclosed by the case stated appear by the opinion of the Supreme Court. The court in an opinion by Arnold, P. J., entered judgment for defendant on ease stated. Error assigned was in entering judgment for defendant.
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Appeal, No. 248, Jan. T., 1897, by plaintiff,’from judgment of C. P. No. 4, Phila. Co., March T., 1895, No. 205, M. L. II., on case stated. Scire facias sur municipal lien for paving. Case stated. The facts as disclosed by the case stated appear by the opinion of the Supreme Court. The court in an opinion by Arnold, P. J., entered judgment for defendant on ease stated. Error assigned was in entering judgment for defendant. The appellant contends that the property of the appellee is chargeable with the cost of paving the portion of the cartway which was not theretofore paved: Philadelphia v.…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This is a proceeding upon a municipal lien for paving done upon Fifty-second street by the city of Philadelphia. The defendant denies his liability to the city because the street had been previously paved under the direction of the city at the expense of the lot holders. The paving for which this lien was filed was, as he alleges, a repaving done by thejfitv for public reasons, at the expense of the-city,-and.there-fcremut»draigmkle tqjihe lot holders aiongjlhe strpet. The facts upon which this *415question is raised were not controverted in tbe court below, but…
2Cases cited1 opinion
- Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- Philadelphia v. GinhartSuperior Court of Pennsylvania · 1912
- In re PittsburghSuperior Court of Pennsylvania · 1922