Legal Opinion

Scranton v. Jermyn

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 165PublishedCited by 5 opinions

Appeal, No. 165, Jan. T., 1893, by defendant, John Jermyn, from order of C. P. Lackawanna Co., Sept, T., 1892, No. 30, entering judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in sci. fa. sur municipal claim for paving.

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Appeal, No. 165, Jan. T., 1893, by defendant, John Jermyn, from order of C. P. Lackawanna Co., Sept, T., 1892, No. 30, entering judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in sci. fa. sur municipal claim for paving. The claim, which was filed as part of plaintiffs statement of cause of action, averred that: “ Said work was done by virtue and in pursuance of an ordinance of said city of Scranton, approved the 24th day of October, 1890 (and other ordinances pertaining thereto), which ordinance was passed upon the petition…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Under the act of May 23, 1889, for the incorporation and government of cities of the third class, article 5, sec. 3, clause 10, P. L. 288, the councils are authorized to direct by ordinance the paving of streets, etc., but if the cost is to be paid by the abutting property owners, certain conditions are attached to the manner of exercising the municipal authority, one of which is that the paving, etc., shall be petitioned for by a majority of the owners, or the owners of a majority of the feet front on the street. And by article 15, sec. 26, of the same act, P.…

2Cases cited3 opinions

  1. Erie v. BootzSupreme Court of Pennsylvania · 1872
  2. City of Scranton v. WhyteSupreme Court of Pennsylvania · 1892
  3. Olds v. Erie CitySupreme Court of Pennsylvania · 1875

3Cited by5 opinions

  1. Bindley v. PittsburghSuperior Court of Pennsylvania · 1916
  2. Township of Mt. Lebanon v. RobinsonSuperior Court of Pennsylvania · 1924
  3. Erie City v. GrantSuperior Court of Pennsylvania · 1904
  4. Redding v. City of SpokaneWashington Supreme Court · 1914
  5. West Market Street PavingSupreme Court of Pennsylvania · 1926

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