Brientnall v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Philadelphia county: Of January Term 1883, No. 284. This was a scire facias sur municipal claim filed by the city of Philadelphia to the use of Joseph D. Maull against Thomas Brientnall, to recover for work, materials, &c., employed in the construction of a culvert in Market street, Philadelphia, extending from its intersection with Thirty-third street eastward 233 feet, 9 inches.
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Error to the Court of Common Pleas No. 2 of Philadelphia county: Of January Term 1883, No. 284. This was a scire facias sur municipal claim filed by the city of Philadelphia to the use of Joseph D. Maull against Thomas Brientnall, to recover for work, materials, &c., employed in the construction of a culvert in Market street, Philadelphia, extending from its intersection with Thirty-third street eastward 233 feet, 9 inches. The defendant pleaded nil debet, payment with leave, &c., and, specially, inter alia: 3: That the application for the construction of the sewer was not made by thecowners…
1Opinion of the Court
The opinion of the court was filed
2Per curiam
It is a mistake to assume that the plaintiff in error can inquire into the equities between the contractor and the city. Whether there has been a valid assignment from the city to the contractor, is unimportant here. If this suit was brought without either expressed or implied authority from the city, the objection cannot be made in the manner proposed. If the plaintiff had any legal and valid defence against being chargeable with the expense of constructing the sewer, that defence was open to him. He failed to prove any such defence.
Judgment affirmed.
3Cited by8 opinions
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904
- Bindley v. PittsburghSuperior Court of Pennsylvania · 1916
- City of Erie ex rel. Eichenlaub v. Piece of Land fronting on Eleventh StreetSuperior Court of Pennsylvania · 1899
- Hamilton AvenueSuperior Court of Pennsylvania · 1911
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