Legal Opinion

City of Erie v. Griswold

Superior Court of Pennsylvania

Decided July 23, 1897No. Appeal, No. 13PublishedCited by 8 opinions

Appeal, No. 13, April T., 1898, by plaintiff, from judgment of C. P. Erie Co., May T., 1897, No. 100, on case stated in favor of defendant. Case stated. Before Noyes, P. J., of tbe 87th judicial district, specially presiding.

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Appeal, No. 13, April T., 1898, by plaintiff, from judgment of C. P. Erie Co., May T., 1897, No. 100, on case stated in favor of defendant. Case stated. Before Noyes, P. J., of tbe 87th judicial district, specially presiding. The facts appear from the case stated: And now, to wit: March 15,1897, it is hereby agreed by and between the parties to the above suit that the following case be stated for the opinion of the court in the nature of a special verdict, to wit: 1st. That the city of Erie, the plaintiff in this case, was duly incorporated by an act of assembly of the commonwealth of…

1Opinion of the Court

Opinion by

Rice, P. J.,

The proposition that the ordinance of April 1, 1880 was repealed by the paving ordinance of October 5,1892, cannot be sustained. They are in pari materia and are to be construed together. ' The later ordinance created the condition to which the earlier general ordinance became applicable. Thus viewed there is no conflict between them. Applying the well settled principles governing the construction of statutes and ordinances which are in pari materia the paving ordinance is to be construed as if it contained an express provision that the owners of property abutting on the…

2Cases cited2 opinions

  1. Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858
  2. Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858

3Cited by8 opinions

  1. Minich v. Sharon CitySupreme Court of Pennsylvania · 1951
  2. Franklin v. HancockSuperior Court of Pennsylvania · 1901
  3. Ulrich v. Coaldale BoroughSuperior Court of Pennsylvania · 1913
  4. Christley v. Butler CountySuperior Court of Pennsylvania · 1908
  5. Erie v. PaskettSuperior Court of Pennsylvania · 1900

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