Berghaus v. Harrisburg
Supreme Court of Pennsylvania
WRITS OP ERROR TO THE COURT OP COMMON PLEAS OP DAUPHIN COUNTY. Nos. 18 and 19 May Term 1888, Sup. Ct. ;* court below, Eos. 352 and 366 January Term 1888, C. P. On December 5, 1887, writs of scire facias sur municipal liens were issued in favor of the city of Harrisburg, for use of the Barber Asphalt Company, against Mrs. C. Berghaus and George A. Klngh, severally, as abutting owners, for paving Market street, claiming of Mrs. Berghaus, #191.43, and penalty, and of Mr. Klngh,…
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WRITS OP ERROR TO THE COURT OP COMMON PLEAS OP DAUPHIN COUNTY. Nos. 18 and 19 May Term 1888, Sup. Ct. ;* court below, Eos. 352 and 366 January Term 1888, C. P. On December 5, 1887, writs of scire facias sur municipal liens were issued in favor of the city of Harrisburg, for use of the Barber Asphalt Company, against Mrs. C. Berghaus and George A. Klngh, severally, as abutting owners, for paving Market street, claiming of Mrs. Berghaus, #191.43, and penalty, and of Mr. Klngh, #239.07, and penalty. The defendants pleaded severally, nul tiel record, non assumpsit, payment with leave, etc. At the…
1Opinion of the Court
Bebg-haus v. Habbisbubg.
Opinion,
Mr. Justice Stebbett :
This scire facias was issued on what purports to be, a “ Municipal lien, for paving and curbing Market street from Front street to Pennsylvania Railroad, entered and filed in accordance with the act of assembly, entitled an act dividing the cities of this state into seven classes, etc., approved the 24th day of May 1887.” The validity of the lien depends solely on that act. No other warrant for the entry thereof is even suggested.
The constitutionality of the act was challenged by defendant below in his seventh point for charge, recited in…
2Cited by4 opinions
- Barber Asphalt Paving Co. v. City of HarrisburgCourt of Appeals for the Third Circuit · 1894
- Nelson v. WigginsMichigan Supreme Court · 1912
- Barber Asphalt Paving Co. v. City of HarrisburgU.S. Circuit Court for the District of Eastern Pennsylvania · 1894
- Chaffe v. HandySupreme Court of Louisiana · 1884