Legal Opinion

Mount Oliver Borough v. First German Evangelical Lutheran St. Paul's Congregation

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 30PublishedCited by 2 opinions

Appeal, No. 30, April T., 1912, by defendant, from order of C. P. No. 1, Allegheny Co., Dec. T., 1905, No. 805, entering judgment for plaintiff non obstante veredicto in case of Mount Oliver Borough v. The First German Evangelical Lutheran St. Paul’s Congregation of East Birmingham. Scire facias sur municipal claim for paving street. At the trial the jury returned a verdict for defendant.

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Appeal, No. 30, April T., 1912, by defendant, from order of C. P. No. 1, Allegheny Co., Dec. T., 1905, No. 805, entering judgment for plaintiff non obstante veredicto in case of Mount Oliver Borough v. The First German Evangelical Lutheran St. Paul’s Congregation of East Birmingham. Scire facias sur municipal claim for paving street. At the trial the jury returned a verdict for defendant. Subsequently on motion to enter judgment for plaintiff non obstante veredicto Macfarlane, J., filed the following opinion: There was no contradiction in the testimony offered in this case, nevertheless it…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiff borough filed a municipal hen to recover the amount of benefits assessed by a board of viewers against the land of the defendant resulting from the grading and paving of a street on which the said land abutted. The defendant claims that the land, thus sought to be subjected to the lien, is a place “of burial not used or held for private or corporate profit,” and is therefore within the class exempted from such municipal claim under the provisions of the Act of June 4, 1901, P. L. 364, enacted in pursuance of art. IX, sec. 1, of the constitution. In determining…

2Cases cited2 opinions

  1. Academy of Fine Arts v. Philadelphia CountySupreme Court of Pennsylvania · 1854
  2. Commonwealth v. CoverSuperior Court of Pennsylvania · 1905

3Cited by2 opinions

  1. Harrisburg v. Harrisburg Cemetery Ass'n, Pennsylvania Court of Common Pleas, Dauphin County1927
  2. Pancoast's EstatePennsylvania Orphans' Court, Philadelphia County · 1922

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