Carlisle v. Welsh
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1920, by defendants, from judgment of C. P. Cumberland Co., Nov. T., 1914, No. 34, for plaintiff in suit tried by the court, without a jury, in the case of Borough of Carlisle v. C. A. Welsh Estate and Margaret Spencer. Scire facias sur municipal lien. Before Sadler, P. J., without a jury. The facts are stated in the opinion of the Superior Court. The court entered judgment in favor of the plaintiff for $212.40. Defendants appealed.
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Appeal, No. 6, March T., 1920, by defendants, from judgment of C. P. Cumberland Co., Nov. T., 1914, No. 34, for plaintiff in suit tried by the court, without a jury, in the case of Borough of Carlisle v. C. A. Welsh Estate and Margaret Spencer. Scire facias sur municipal lien. Before Sadler, P. J., without a jury. The facts are stated in the opinion of the Superior Court. The court entered judgment in favor of the plaintiff for $212.40. Defendants appealed. Errors assigned were dismissing exceptions to various findings of fact and conclusions of law and the decree of the court.
1Opinion of the Court
Opinion by
Keller, J.,
The discussion contained in the opinion of the learned judge below entering judgment, is a scholarly exposition of the law of this State, based upon his construction of the ordinances involved and fully warrants the judgment entered in the case, if that construction be the correct one. It is predicated on the finding or conclusion that the borough had not provided by ordinance that the entire main outfall sewer was to be a public charge, constructed solely at public expense. If this finding is erroneous, the judge impliedly admits that the borough’s claim cannot be…
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- Hershberger v. City of PittsburghSupreme Court of Pennsylvania · 1887
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