South Chester Borough v. Garland
Supreme Court of Pennsylvania
Appeals, Nos. 141, 142, 143, 144, 145 and 146, by defendants, Joseph Garland et al., from judgment of C. P. Delaware Co., June T., 1893, Nos. 11, 13, 14, 15, 16, on verdict for plaintiff. Scire facias sur municipal lien. At the trial it appeared that defendants’ land consisted of a tract of fifteen acres in the borough of South Chester. Lamokin street bounded the property on the east, and Flower street on the west.
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Appeals, Nos. 141, 142, 143, 144, 145 and 146, by defendants, Joseph Garland et al., from judgment of C. P. Delaware Co., June T., 1893, Nos. 11, 13, 14, 15, 16, on verdict for plaintiff. Scire facias sur municipal lien. At the trial it appeared that defendants’ land consisted of a tract of fifteen acres in the borough of South Chester. Lamokin street bounded the property on the east, and Flower street on the west. Three of the liens were for curbing, grading and paving sidewalks on Lamokin street, and the other three were for paving on Flower street. The lands against which the liens were…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The proceeding in the court of common pleas was to recover the amount of six liens filed by the borough of South Chester against the property of the defendants. Three of the liens were for curbing, paving and grading, and three were for paving only. The first ground of defence was that the lands of the defendants were rural or farm lands, and not subject to special liens for municipal improvements ; the second, that the liens were not filed within the time allowed by the general borough law of 1851, and were not authorized by any of the special acts relating to…
2Cited by3 opinions
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- City of Reading v. O'ReillySupreme Court of Pennsylvania · 1895
- Burgess & Town Council of Norristown v. FornanceSuperior Court of Pennsylvania · 1896