Hammett v. Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No 152, to January Term 1869. ’■ This Was a scire facias sur municipal claim by the City of Phila-Jdelphia, to the use of Charles E. Jenkins and Jonathan Taylor, Against Barnabas Hammett, issued July 18th 1868. The claim on which the writ was founded was filed March 26th 1868, against the defendant, “ owner of all that certain lot or piece of ground, with the buildings and improvements thereon erected, situate at the south-west…
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Error to the District Court of Philadelphia: No 152, to January Term 1869. ’■ This Was a scire facias sur municipal claim by the City of Phila-Jdelphia, to the use of Charles E. Jenkins and Jonathan Taylor, Against Barnabas Hammett, issued July 18th 1868. The claim on which the writ was founded was filed March 26th 1868, against the defendant, “ owner of all that certain lot or piece of ground, with the buildings and improvements thereon erected, situate at the south-west corner of Broad and Poplar streets, for lOOlfVh square yards of Nicolson pavement, done and laid in front of the premises…
1Dissent
Read, J.,
delivered the following dissenting opinion:—
By a province law of 1700 commissioners or assessors were to be appointed by the governor, with four of his council, for regulating the streets and watercourses, the pitching, paving and gravelling thereof; the clearing of docks, and repairing landing-places and bridges in the towns (the watercourses under ground *158to be arched and laid with brick or stone), and to defray the charge of pitching, paving, gravelling, and regulation of the said streets, and scouring and cleaning said docks each inhabitant concerned was to pay towards the same,…
2Cases cited16 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
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