Fenelon's Petition
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Allegheny. Nov. 12. These two cases were argued together. They were proceedings to assess damages for opening streets under the act of 1836, sect. 3, et- seq., Pamph. Law's, 750, which provided, that the damages should be paid by the councils of Pittsburgh, and^the act of 1846, sect. 8, p. 470, which authorized the assessment of damages on any person benefited by the said road.
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Certiorari to the Quarter Sessions of Allegheny. Nov. 12. These two cases were argued together. They were proceedings to assess damages for opening streets under the act of 1836, sect. 3, et- seq., Pamph. Law's, 750, which provided, that the damages should be paid by the councils of Pittsburgh, and^the act of 1846, sect. 8, p. 470, which authorized the assessment of damages on any person benefited by the said road. The reports, awarding damages generally, were filed in December, 1846, and exceptions taken. By the act of 1847, Pamph. Laws, p. 376, other provisions were made respecting these…
1Opinion of the CourtCoulter, J.
The question in this case, arising on the record and error assigned, depends upon the construction of the act of the 15th March, 1847, entitled “ A supplement to an act entitled an act to authorize suit to be brought,” &c.; Pamph. Laws, p. 376.
*174The fourth section repeals all former laws inconsistent with the provisions of the said supplement. The proceedings therefore on the petition of Fenelon under former laws, being incomplete and in fieri, were arrested, as with the touch of a torpedo, and the eourt and those vested with authority in the subject-matter, could proceed no further under those…
2Cases cited5 opinions
- M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
- Howe v. StarkweatherMassachusetts Supreme Judicial Court · 1821
- Stoever v. ImmellSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- Ohio River Junction Railroad v. Pennsylvania Co.Supreme Court of Pennsylvania · 1909
- Lawrence County v. City of New CastleSuperior Court of Pennsylvania · 1901
- McKinny v. Bradford County Commissioners, Pennsylvania Court of Common Pleas, Bradford County1902