Donley v. City of Pittsburgh
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1892, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., April T., 1892, No. 28, dismissing a bill in equity. Bill in equity by Mark Donley and Mary his wife, and Joseph N. Miller, against the city of Pittsburgh.
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Appeal, No. 45, Oct. T., 1892, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., April T., 1892, No. 28, dismissing a bill in equity. Bill in equity by Mark Donley and Mary his wife, and Joseph N. Miller, against the city of Pittsburgh. The bill averred that the city of Pittsburgh had under an ordinance of March 22, 1889, which ordinance was null and void, provided for the grading, curbing and paving of South 28th street, upon which street the complainant’s property was situated; that the said street had been graded, curbed and paved under a contract made in pursuance of said…
1Opinion of the Court
Per Curiam,
The hearing of this cause was advanced, with the others involving similar questions, for public reasons, and was argued at the present term in the Eastern district.
The plaintiffs owned a lot on South Twenty-eighth street, in the city of Pittsburgh, which had been assessed for street improvements, under what is known as the remedial act of May 16, 1891, P. L. 71. It is claimed that this act is unconstitutional, and this is the only question in the case.
The street improvements in question were made under the authority of the acts of June 14, 1887, P. L. 386, and May 16, 1889, P. L.…
2Cases cited5 opinions
- Schenley v. Commonwealth ex rel. City of AlleghenySupreme Court of Pennsylvania · 1859
- Whitney v. City of PittsburghSupreme Court of Pennsylvania · 1891
- Paving, etc., of Wyoming StreetSupreme Court of Pennsylvania · 1891
- Commonwealth ex rel. Allegheny City v. MarshallSupreme Court of Pennsylvania · 1872
- Appeal of RamseySupreme Court of Pennsylvania · 1878
3Cited by20 opinions
- Anderson County Road District No. 8 v. PollardTexas Supreme Court · 1927
- Nottage v. City of PortlandOregon Supreme Court · 1899
- Swartz v. Carlisle BoroughSupreme Court of Pennsylvania · 1912
- People ex rel. Fitzgerald v. StittIllinois Supreme Court · 1917
- Malicks' PetitionSuperior Court of Pennsylvania · 1939
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