Lancaster County v. Lancaster City
Supreme Court of Pennsylvania
Appeal, No. 313, Jan. T., 1893, by defendant, from judgment of C. P. Lebanon Co., Dec. T., 1891, No. 170, on verdict for plaintiff. Assumpsit to recover moneys paid for opening streets or alleys in the city of Lancaster.
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Appeal, No. 313, Jan. T., 1893, by defendant, from judgment of C. P. Lebanon Co., Dec. T., 1891, No. 170, on verdict for plaintiff. Assumpsit to recover moneys paid for opening streets or alleys in the city of Lancaster. The claim was based upon the act of April 13, 1854, P. L. 352, the material portions of which were as follows: “ Sec. 1. That the Court of Quarter Sessions of Lancaster County shall have the power to authorize the extension and opening of all streets and alleys within the city of Lancaster, in the manner directed, by and under the provisions of the general road laws of this…
1Opinion of the Court
Per Curiam,
This case depends mainly on the true intent and meaning of the act of April 13, 1854, P. L. 352, entitled “ An act relative to the opening of streets in the city of Lancaster.” That act was properly before us for construction in County of Lancaster v. Frey, 128 Pa. 593 ; and after full consideration it was there held that the word “ county,” which is the one hundred and eighteenth word in the 3d section thereof, is a clerical mistake, for the word “ city,” apparent on the face of the act. In delivering the opinion of the court our late brother Clark; said: “ It is perfectly…
2Cases cited1 opinion
- County of Lancaster v. FreyLancaster County Court of Quarter Sessions · 1889
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