Legal Opinion

Pepper v. City of Philadelphia ex rel. Horter

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 29 opinions

Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term 1885, No. 212. This was a scire facias sur municipal claim for paving, filed by the city of Philadelphia to the use of H. and L. Ilorter against the property of Edward Pepper.

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Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term 1885, No. 212. This was a scire facias sur municipal claim for paving, filed by the city of Philadelphia to the use of H. and L. Ilorter against the property of Edward Pepper. To it the defendant pleaded the general issue, and specially that the property against which the claim was filed was farm land, and was used as such at the time the work was done, and at the time the pleas were filed ; that it,was so classified for the purpose of taxation ; that all the properties on that street where the paving bad been…

1Opinion of the CourtJustice Trunkey

In the city of Philadelphia the power to ordain the paving of the streets is vested in the councils. On December 23d, 1874, the councils enacted an ordinance providing that per*109sons desiring to have the streets through their property paved, may appEr-by petition, with a certificate of the District Surveyor that the petitioners are a majority of the owners of property between the points named; and after the ordinance shall have been passed, it shall be the duty of the Commissioner of Highways to award a contract for the same to a practical paver or pavers regularly engaged in the business. The…

2Cases cited1 opinion

  1. Preston v. FinneySupreme Court of Pennsylvania · 1841

3Cited by29 opinions

  1. Wright v. BarberSupreme Court of Pennsylvania · 1921
  2. Erie City v. ButlerSupreme Court of Pennsylvania · 1888
  3. McCain v. City of Des MoinesSupreme Court of Iowa · 1905
  4. Pressy v. McCornackSupreme Court of Pennsylvania · 1912
  5. Holmes v. Chartiers Oil Co.Supreme Court of Pennsylvania · 1891

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