York City v. Eyster
Superior Court of Pennsylvania
Appeal, No. 11, March T., 1917, by defendant, from judgment of C. P. York Co., Aug. T., 1916, No. 45, on trial by the court without a jury in case of York City v. Jacob Eyster. Scire facias sur municipal lien. Boss, J., found as follows: 1st. On the 23d day of February, 1915, the plaintiff filed a municipal lien against the defendant and the property described by said lien, in the office of the prothonotary of this court. 2d.
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Appeal, No. 11, March T., 1917, by defendant, from judgment of C. P. York Co., Aug. T., 1916, No. 45, on trial by the court without a jury in case of York City v. Jacob Eyster. Scire facias sur municipal lien. Boss, J., found as follows: 1st. On the 23d day of February, 1915, the plaintiff filed a municipal lien against the defendant and the property described by said lien, in the office of the prothonotary of this court. 2d. The affidavit of defense was offered in evidence “for the purpose of sustaining the issue on the part of plaintiff under the twentieth section of the lien Act of June…
1Opinion of the Court
Opinion by
Kephart, J.,
The street in front of appellant’s property was paved under ordinances of council and the cost thereof assessed by the foot front rule. Other streets in the City of York had been paved by the municipality, at its sole cost and expense, prior to the improvement of this street. Appellant’s counsel contend that under the Act of 1913 the city has power to adopt any one of the methods specified in the act for paying the cost of an improvement, but when once they exercise that power, the method adopted must apply to all future paving, grading and macadamizing throughout the…
2Cases cited6 opinions
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
- Gable v. AltoonaSupreme Court of Pennsylvania · 1901
- Dime Deposit & Discount Bank v. ScrantonSupreme Court of Pennsylvania · 1904
- O'Hara v. Scranton CitySupreme Court of Pennsylvania · 1903
- Anderson v. Lower Merion TownshipSupreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Union Paving Co. v. PhiladelphiaSuperior Court of Pennsylvania · 1936
- York City v. HoltzappleSuperior Court of Pennsylvania · 1917
- City of Chester v. Woodward, Pennsylvania Court of Common Pleas, Dauphin County1929
- City of Harrisburg v. StrohSuperior Court of Pennsylvania · 1929