City of Bradford v. Fox
Supreme Court of Pennsylvania
Appeal, No. 311, Jan. T., 1895, by defendant, from judgment of C. P. McKean Co., Oct. T., 1891, No. 323, on verdict for plaintiff. Scire facias sur municipal lien. Before Olmsted, P. J., and Morrison, J. At the trial it appeared that an ordinance was passed on February 16, 1891, providing for the paving of Chestnut street, in the city of Bradford with brick.
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Appeal, No. 311, Jan. T., 1895, by defendant, from judgment of C. P. McKean Co., Oct. T., 1891, No. 323, on verdict for plaintiff. Scire facias sur municipal lien. Before Olmsted, P. J., and Morrison, J. At the trial it appeared that an ordinance was passed on February 16, 1891, providing for the paving of Chestnut street, in the city of Bradford with brick. The ordinance was not passed by a two thirds vote of all the members of each branch uf councils, as required by the act of May 28, 1889, art. V. sec. 10, P. L. 288. Plaintiff gave evidence tending to show that in 1890, when ¡in ordinance…
1Opinion of the Court
Opinion by
Mb. Chief Justice Stebbett,
On the trial of this scire facias the plaintiff gave in evidence. *347under objection, its statement of claim registered under the provisions of article XY. section 22 of the act of May 23, 1889, P. L. 323, and then rested. The learned trial judge thought a prima facie case in favor of the plaintiff was thus presented, and for answer thereto the defendant introduced evidence proving that the alleged ordinance, under which the paving was done, was not passed by a vote of two thirds of all the members of each branch of councils as required by article Y. section…
2Cited by1 opinion
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