City of Philadelphia v. Richards
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OP PHILADELPHIA COUNTT. No. 163 July Term 1888, Sup. Ct.; court below, bio. 16 March term 1888, M. L. D. On March 21, 1888, a municipal claim for a lien for paving and. 'curbing was filed by the city of Philadelphia, for use of Arthur McGinn, against Edwin S. Richards, of which the following is a copy as to its essential portions: “ The city of Philadelphia to the use of Arthur McGinn files this its claim against Edwin S. Richards,…
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OP PHILADELPHIA COUNTT. No. 163 July Term 1888, Sup. Ct.; court below, bio. 16 March term 1888, M. L. D. On March 21, 1888, a municipal claim for a lien for paving and. 'curbing was filed by the city of Philadelphia, for use of Arthur McGinn, against Edwin S. Richards, of which the following is a copy as to its essential portions: “ The city of Philadelphia to the use of Arthur McGinn files this its claim against Edwin S. Richards, owner, or reputed owner, and registered owner, or whoever may be owner, of all that certain lot or piece of ground, and…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell:
It is conceded on all hands, that a lien upon a municipal claim for paving, being of purely statutory creation, the claim must aver upon its face all the facts necessary to sustain its validity, and that unless it does so, it maybe summarily struck off by the court upon motion. But it has never been held that the claim itself must disclose the evidence by which the facts are to be proved. The authority to do the work claimed for may be averred in general terms, though the plaintiff will be required at the trial to prove the specific authority conferred. It was…
2Cases cited5 opinions
- City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880
- Fell v. Philadelphia ex rel. CunninghamSupreme Court of Pennsylvania · 1876
- Delaney v. GaultSupreme Court of Pennsylvania · 1858
- Gans v. City of PhiladelphiaSupreme Court of Pennsylvania · 1883
- City of Allentown v. HowerSupreme Court of Pennsylvania · 1880
3Cited by15 opinions
- Erie City v. WillisSuperior Court of Pennsylvania · 1903
- New Kensington v. GardnerSupreme Court of Pennsylvania · 1952
- Latrobe Borough v. AustrawSuperior Court of Pennsylvania · 1945
- City of Philadelphia ex rel. Achuff v. ChristmanSuperior Court of Pennsylvania · 1897
- Boro of Berwick v. Smethers Et Ux.Superior Court of Pennsylvania · 1932
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