Scranton City v. Robertson
Superior Court of Pennsylvania
Appeal, No. 47, Jan. T., 1905, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1901, No. 596, on demurrer to statement in case of City of Scranton v. N. G. Robertson. Demurrer to statement. Newcomb, J., filed the following opinion: This action is assumpsit on a claim for a paving assessment.
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Appeal, No. 47, Jan. T., 1905, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1901, No. 596, on demurrer to statement in case of City of Scranton v. N. G. Robertson. Demurrer to statement. Newcomb, J., filed the following opinion: This action is assumpsit on a claim for a paving assessment. The demurrer attacks the statement on three specific grounds, viz.: That it sets forth (1) no copy of the ordinance; (2) no copy of the assessment, both of which are therein referred to; and (8) that assumpsit will not lie on the cause of action as stated. After the demurrer was filed, at…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action of assumpsit was brought to recover the unpaid part of a paving assessment for which no specification of claim had been previously filed and entered as provided in section 21, article 15 of the Act of May 23, 1889, P. L. 277. The learned judge below in a clear and satisfactory opinion, which covers all .the points suggested in the argument of the appellant’s counsel, held that the action would not lie, because the claim had not been registered as above provided. He was of opinion that the question was authoritatively decided in Scranton v. Sturges, 202 Pa.…
2Cases cited3 opinions
- Franklin v. HancockSuperior Court of Pennsylvania · 1901
- Scranton City v. SturgesSupreme Court of Pennsylvania · 1902
- Williamsport v. HughesSuperior Court of Pennsylvania · 1902