Township of Scott v. Davis
Superior Court of Pennsylvania
Appeal, No. 36, April T., 1921, by plaintiff, from judgment of C. P. Allegheny County, April T., 1919, No. 73, for defendant on affidavit of defense raising questions of law in the case of Township of Scott v. John Davis. Assumpsit to recover municipal claim. Before MacEARLANE, J. The facts are stated in the opinion of the Superior Court. Judgment for defendant upon affidavit of defense raising questions Of law. Plaintiff appealed.
Read the full summary
Appeal, No. 36, April T., 1921, by plaintiff, from judgment of C. P. Allegheny County, April T., 1919, No. 73, for defendant on affidavit of defense raising questions of law in the case of Township of Scott v. John Davis. Assumpsit to recover municipal claim. Before MacEARLANE, J. The facts are stated in the opinion of the Superior Court. Judgment for defendant upon affidavit of defense raising questions Of law. Plaintiff appealed. Error assigned was the judgment of the court. Failure to file a municipal claim in the office of the prothonotary does not prevent recovery: Boro. of Youngwood v.…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant is a township of the first class in the County of Allegheny. The pending action is assumpsit brought to recover a part of the cost of grading, curbing and paving a street. The assessment was made by the township engineer according to the foot front rule pur*354suant to an ordinance passed by the board of commissioners on a petition of two-thirds of the property owners. The affidavit of defense presented the question of law whether the failure of the plaintiff to file the claim in the court of common pleas prevented a recovery in a personal action? The work…
2Cases cited2 opinions
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Borough of Youngwood v. GaySuperior Court of Pennsylvania · 1919
3Cited by3 opinions
- City of Philadelphia v. Hillier, Pennsylvania Court of Common Pleas, Philadelphia County1928
- Lohr Estate, Pennsylvania Court of Common Pleas, Somerset County1977
- Richards' EstatePennsylvania Orphans' Court, Beaver County · 1942