Pittsburg v. Walter
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 143, to October and November Term 1870. This was a scire facias upon a municipal claim at the suit of The City of Pittsburgh against Jacob II. Walter, issued to July Term 1869. The defendant filed an affidavit of defence to the merits. He also pleaded “Nunquam indebitatus,” and payment with leave to give the special matter in evidence, with leave to add, &c.
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Error to the District Court of Allegheny county: No. 143, to October and November Term 1870. This was a scire facias upon a municipal claim at the suit of The City of Pittsburgh against Jacob II. Walter, issued to July Term 1869. The defendant filed an affidavit of defence to the merits. He also pleaded “Nunquam indebitatus,” and payment with leave to give the special matter in evidence, with leave to add, &c. The claim was filed May 28th 1869, for $192.17, with attorney’s fees and costs, being the assessment against the defendant’s property for his proportion of grading Mahon street, in the…
1Opinion of the Court
The opinion of the court was delivered, October 23d 1871, by
Sharswood, J.
It is not disputed that Mahon street, for grading which the municipal claim in this case was filed, is within the territory comprehended in the terms of the proviso to the 11th section of the Act of April 1st 1868, Pamph. L. 567, which declares that no street or highway shall he opened, graded or paved in any part of the territory consolidated with the city of Pittsburg, under the Act of April 6th 1867, “unless upon the written application of a majority in interest of the owners whose property is situated or abuts…
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