Legal Opinion

Allentown v. Roth

Supreme Court of Pennsylvania

Decided March 20, 1911No. Appeal, No. 4PublishedCited by 1 opinion

Appeal, No. 4, Jan. T., 1911, by plaintiff, from judgment of C. P. Lehigh Co., Jan. T., 1910, No. 59, sustaining defendants’ demurrer to statement in case of city of Allentown to use of Warren Brothers Company v. Henry Roth et al. Assumpsit to recover an assessment for street paving. Before Trexler, P. J. The opinion of the Supreme Court states the case. The court sustained defendants’ demurrer to the statement of claim and entered judgment for defendants.

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Appeal, No. 4, Jan. T., 1911, by plaintiff, from judgment of C. P. Lehigh Co., Jan. T., 1910, No. 59, sustaining defendants’ demurrer to statement in case of city of Allentown to use of Warren Brothers Company v. Henry Roth et al. Assumpsit to recover an assessment for street paving. Before Trexler, P. J. The opinion of the Supreme Court states the case. The court sustained defendants’ demurrer to the statement of claim and entered judgment for defendants. Error assigned was the order sustaining demurrer.

1Opinion of the Court

Per Curiam,

This is an action in assumpsit by the appellant to recover from a number of property owners in the city of Allentown the amount of assessments against their properties for certain municipal improvements. It seeks to recover under the Act of April 4, 1907, P. L. 40. That *141act is not retroactive, as is clearly pointed out in Barnesboro Borough v. Speice, 40 Superior Ct. 609. The improvements for which the appellant sues were completed and the assessments made thereon prior to the passage of the act of 1907, and its provisions cannot, therefore, be invoked. The judgment for the…

2Cited by1 opinion

  1. Borough of Youngwood v. GaySuperior Court of Pennsylvania · 1919

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