Borough of Dunmore v. Conrad
Superior Court of Pennsylvania
Appeal, No. 30, March T., 1921, by defendant, from judgment of C. P. Lackawanna County, Nov. T., 1915, No. 457, on award for plaintiff in the case of Borough of Dunmore v. A. L. Conrad. Sci. fa. sur municipal lien for sewer assessment. Before Newcomb, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 30, March T., 1921, by defendant, from judgment of C. P. Lackawanna County, Nov. T., 1915, No. 457, on award for plaintiff in the case of Borough of Dunmore v. A. L. Conrad. Sci. fa. sur municipal lien for sewer assessment. Before Newcomb, J. The facts are stated in the opinion of the Superior Court. The case was referred to W. J. Fitzgerald, Esq., as ref< eree, who directed the prothonotary to enter judgment in favor of the plaintiff for $1,110.88. Defendant appealed. Errors assigned, among others, were refusing petition to strike off municipal lien, and dismissing exceptions to…
1Opinion of the Court
Opinion bt
Linn, J.,
In numerous assignments appellant presents the following matters for review: invalidity of the assessment because (1) made by an illegal application of the foot-fiont method; (2) three lots were joined in one assessment; (3) the borough modified the contract; (4) it was not substantially performed; (5) he also asserts that pursuant to section 10 of the Act of June 4, 1901, P. L. 367; Act of April 2, 1909, P. L. 194, the lien expired before verdict or judgment on the claim; (6) that amendment of the claim should not have been permitted.
The record shows a trial on the merits…
2Cases cited20 opinions
- Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Park Avenue SewersSupreme Court of Pennsylvania · 1895
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Witman v. City of ReadingSupreme Court of Pennsylvania · 1895
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. RhemSuperior Court of Pennsylvania · 1980
- Spramelli v. Boro. of PunxsutawneySuperior Court of Pennsylvania · 1931
- Pursiful v. City of HarlanCourt of Appeals of Kentucky (pre-1976) · 1928
- Township of Mt. Lebanon v. RobinsonSuperior Court of Pennsylvania · 1924
- City of Allentown v. OttSuperior Court of Pennsylvania · 1924
3 more not listed; retrieve them via the Exa API.