Olyphant Borough Sewer
Supreme Court of Pennsylvania
Appeal, No. 232, Jan. T., 1900, by Charles P. O’Malley, from order of C. P. Lackawanna Co., Sept. T., 1898, No. 980, confirming report of jurors in the matter of the construction of a sewer in the first sewer district of the borough of Olyphant. Exceptions to report of viewers. The exceptions were filed by Charles P. O’Malley in his own behalf and in behalf of such others of the taxpayers of the borough of Olyphant as might desire to join in the exceptions.
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Appeal, No. 232, Jan. T., 1900, by Charles P. O’Malley, from order of C. P. Lackawanna Co., Sept. T., 1898, No. 980, confirming report of jurors in the matter of the construction of a sewer in the first sewer district of the borough of Olyphant. Exceptions to report of viewers. The exceptions were filed by Charles P. O’Malley in his own behalf and in behalf of such others of the taxpayers of the borough of Olyphant as might desire to join in the exceptions. The exceptions were as follows: 1. The erection and construction of the sewer was illegal, for the reason that the ordinance, under which…
1Opinion of the Court
Opinion by
Mr. .Justice Mestrezat,
' ■ This was a proceeding under the Act of May 16, 1891, P. L. 75, Purd. 1399, by the borough of Olyphant in Lackawanna county for the assessment of the costs, damages and benefits *537arising from the construction of a sewer in the first sewer district of said borough. Viewers were appointed by the court of common pleas on August 15, 1898, and filed their report on March 13,1899. Exceptions to this report were filed by Charles P. O’Malley, an owner of property in Olyphant borough and a nonresident taxpayer therein. Mr. O’Malley owned no real estate in the first…
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