Alliance Borough v. Schwartz
Superior Court of Pennsylvania
Appeal, No. 24, Oct. T., 1912, by plaintiff, from judgment of C. P. Northampton Co., Nov. T., 1908, No. 7, on verdict for plaintiff in case of Alliance Borough, now Northampton Borough, v. Frank B. Schwartz. Scire facias sur municipal lien. Before Scott, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 24, Oct. T., 1912, by plaintiff, from judgment of C. P. Northampton Co., Nov. T., 1908, No. 7, on verdict for plaintiff in case of Alliance Borough, now Northampton Borough, v. Frank B. Schwartz. Scire facias sur municipal lien. Before Scott, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were (1) in refusing to permit the lien to be amended, and (2) in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
In 1906 the plaintiff borough filed a municipal hen for the purpose of enforcing the payment, by the defendant, of something over $200 for curbing and guttering in front of his property, he having refused, after notice, to do the work himself as he had been required to do by the terms of an ordinance of the said borough.
The fourth clause of sec. 11 of the Act of June .4, 1901, JP. L. 364, requires that such hen shall state upon its face, inter alia, “the authority under, or by virtue of which, the tax was levied or the work was done.” After describing the property, stating…
2Cases cited6 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- City of Philadelphia v. RichardsSupreme Court of Pennsylvania · 1889
- May v. MoraSuperior Court of Pennsylvania · 1912
- Merritt v. PoliSupreme Court of Pennsylvania · 1912
- Fisher v. Leader Publishing Co.Supreme Court of Pennsylvania · 1913
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