Yates v. Borough of Meadville
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county, No. 22, to October and November Term 1866. This was a scire facias to November Term 1865, issued by The Burgess and Town Council of the borough of Meadville against C. M. Yates on a municipal claim filed by them for constructing a sidewalk in front of property in that borough, reputed to belong to the defendant.
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Error to the Court of Common Pleas of Crawford county, No. 22, to October and November Term 1866. This was a scire facias to November Term 1865, issued by The Burgess and Town Council of the borough of Meadville against C. M. Yates on a municipal claim filed by them for constructing a sidewalk in front of property in that borough, reputed to belong to the defendant. The claim was for $121.12, and was filed by virtue of the General Borough Law, the Act of Assembly, April 3d 1851, § 2, Art. 5 and 6, Purd. 117, pi. 22, 23, Pamph. L. 320, which gives to the corporate authorities the power to “…
1Opinion of the Court
The opinion of the court was delivered, October 28th 1867, by
A&new, J.
The ,scire facias in this case was founded upon a municipal claim for the cost of paving and 20 per cent, advance filed against the property of the defendant under the 6th article of the 2d section of the General Borough Law of 3d April 1851. The provision is penal in its nature in the exaction of the 20 per cent, as an advance upon the cost for the.omission of the property-owner to pave himself in front of his property. The claim is clearly not that of a mechanic for work done or materials fux-nished to the building under…
2Cited by2 opinions
- Bartoe v. GuckertSupreme Court of Pennsylvania · 1893
- Connor v. LyonSuperior Court of Pennsylvania · 1900