City of Scranton v. Whyte
Supreme Court of Pennsylvania
Appeal, No. 291, Jan. T., 1892, by plaintiff, from decree of C. P. Lackawanna Co., April T., 1891, No. 587, discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defence. Sci. fa. sur municipal lien. In the opinion discharging the rule for judgment, the court below, Gunster, J., stated the facts as follows : “ This is a scire facias upon a municipal lien or claim for paving Adams avenue in front of the defendant’s premises in the city of Scranton.
Read the full summary
Appeal, No. 291, Jan. T., 1892, by plaintiff, from decree of C. P. Lackawanna Co., April T., 1891, No. 587, discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defence. Sci. fa. sur municipal lien. In the opinion discharging the rule for judgment, the court below, Gunster, J., stated the facts as follows : “ This is a scire facias upon a municipal lien or claim for paving Adams avenue in front of the defendant’s premises in the city of Scranton. It is alleged in the affidavit of defence that the pavement in question was laid in September, October and November,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The municipal lien, on which the writ of scire facias in this case issued, was entered for the cost of paving Adams avenue along the front of defendant’s property. The paving of this avenue was done under an ordinance, approved Sept. 4, 1889, which provided for assessing the cost of the work on the property along the street according to the foot-front rule. The. assessment made upon the defendant’s property was not paid, and the lien now under consideration was filed in due form, in favor of the city, for the amount of the unpaid assessment. When the defendant…
2Cases cited8 opinions
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
- Scowden's AppealSupreme Court of Pennsylvania · 1881
- Opening of Ruan StreetSupreme Court of Pennsylvania · 1890
- Davis v. ClarkSupreme Court of Pennsylvania · 1884
- Paving, etc., of Wyoming StreetSupreme Court of Pennsylvania · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Beltz v. PittsburgSuperior Court of Pennsylvania · 1904
- South Fork Borough v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Mount Lebanon Township v. HobbesSuperior Court of Pennsylvania · 1963
- Ashworth v. Pittsburg RailwaysSupreme Court of Pennsylvania · 1911
- Scranton v. JermynSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.