Scranton City v. Bush
Supreme Court of Pennsylvania
Appeal, No. 321, Jan. T., 1894, by plaintiff, from order of C. P. Lackawanna Co., Nov. T., 1893, No. 461, discharging rule for judgment for want of sufficient affidavit of defence in favor of defendant, Nicholas Bush. Scire facias sur municipal lien.
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Appeal, No. 321, Jan. T., 1894, by plaintiff, from order of C. P. Lackawanna Co., Nov. T., 1893, No. 461, discharging rule for judgment for want of sufficient affidavit of defence in favor of defendant, Nicholas Bush. Scire facias sur municipal lien. The affidavit of defence averred: “ 1. The above claim is on a municipal assessment purporting to be made by the city of Scranton against defendant’s lot on Luzerne street, for the cost and expense of grading the said .street, by ordinance passed Sept. 4,1889. The said assessment .against defendant’s lot, as described on the lien on which the…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The grading of Luzerne street, in the city of Scranton, was done under ordinance No. 45, approved Sept. 4,1889. This ordinance provided that the work should be done “ in accordance with plan, profile, and specifications ” which had been prepared by the city engineer, adopted by councils, and attached to the ordinance as part of it. Section 7 of the same ordinance declares that the work shall be done under the supervision of the city engineer, “but no departure from the plans, profile and specifitions shall be allowed unless authorized by city councils.” The…
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