Hammett v. Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No 152, to January Term 1869. ’■ This Was a scire facias sur municipal claim by the City of Phila-Jdelphia, to the use of Charles E. Jenkins and Jonathan Taylor, Against Barnabas Hammett, issued July 18th 1868. The claim on which the writ was founded was filed March 26th 1868, against the defendant, “ owner of all that certain lot or piece of ground, with the buildings and improvements thereon erected, situate at the south-west…
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Error to the District Court of Philadelphia: No 152, to January Term 1869. ’■ This Was a scire facias sur municipal claim by the City of Phila-Jdelphia, to the use of Charles E. Jenkins and Jonathan Taylor, Against Barnabas Hammett, issued July 18th 1868. The claim on which the writ was founded was filed March 26th 1868, against the defendant, “ owner of all that certain lot or piece of ground, with the buildings and improvements thereon erected, situate at the south-west corner of Broad and Poplar streets, for lOOlfVh square yards of Nicolson pavement, done and laid in front of the premises…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Sharswood, J.
It may be considered as a point fully settled and at rest in this state, that the legislature have the constitutional right to confer upon municipal corporations the power of assessing the cost of local improvements upon the properties benefited! It is a species of taxation; not the taking of private propertyby virtue of eminent domain. It was decided in McMasters v. Commonwealth, 3 Watts 292, that in the opening of streets in a town or city, the damage occasioned to some of the lots might be apportioned and assessed upon…
2Cases cited7 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Striker v. KellyNew York Supreme Court · 1845
- M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
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3Cited by71 opinions
- AMIDON v. KaneSupreme Court of Pennsylvania · 1971
- Lighton v. Abington TownshipSupreme Court of Pennsylvania · 1939
- Evans v. West Norriton Township Municipal AuthoritySupreme Court of Pennsylvania · 1952
- Southwest Delaware County Municipal Authority v. Aston TownshipSupreme Court of Pennsylvania · 1964
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
66 more not listed; retrieve them via the Exa API.