Wilson v. City of Scranton
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT’ PROM THE COURT OP COMMON PLEAS OP LACKAWANNA COUNTY. January Term 1891, Sup. Ct.; court below, No. 4 October Term 1888, C. P. On June 4,1888, Milo J. Wilson filed a petition praying for the appointment of viewers to assess damages arising to the petitioner by reason of the construction of a sewer by the city of Scranton through certain property of tbe petitioner.
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APPEAL BY DEPENDANT’ PROM THE COURT OP COMMON PLEAS OP LACKAWANNA COUNTY. January Term 1891, Sup. Ct.; court below, No. 4 October Term 1888, C. P. On June 4,1888, Milo J. Wilson filed a petition praying for the appointment of viewers to assess damages arising to the petitioner by reason of the construction of a sewer by the city of Scranton through certain property of tbe petitioner. On the same day, the court appointed three viewers, in accordance with the provisions of § 1, article xvm., act of May 24, 1887, P. L. 244, to assess the damages and make report thereof to the court. The viewers…
1Opinion of the Court
OPINION,
Me. Justice Mitchell :
If the appellant were right in regarding the motion to strike off the proceedings as raising a question of jurisdiction, its contention here would have to be sustained. But there was no defect of jurisdiction in the initiation of the proceeding, which was by a petition filed by the plaintiff asking the assessment of the damages to his property by the city’s action in building the sewer. Of this subject the court had general jurisdiction under the act of 1874, and was the proper place for the filing of the petition. The plaintiff, therefore, was in court upon a…
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