Legal Opinion

City of Reading v. Savage

Supreme Court of Pennsylvania

Decided February 25, 1889PublishedCited by 13 opinions

ERROR TO THE COURT OE COMMON PLEAS OE BERKS COUNTS. No. 295 January Term 1888, Sup. Ct.; court below, No. 11 ■October Term 1886, C. P. On April 30, 1888, the decree cf the court below, Ermentrout, J., making absolute a rule to strike off a municipal claim for lien filed in favor of the city of Reading v. Robert H. Savage, for the expense of grading Thirteenth street, was affirmed.

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ERROR TO THE COURT OE COMMON PLEAS OE BERKS COUNTS. No. 295 January Term 1888, Sup. Ct.; court below, No. 11 ■October Term 1886, C. P. On April 30, 1888, the decree cf the court below, Ermentrout, J., making absolute a rule to strike off a municipal claim for lien filed in favor of the city of Reading v. Robert H. Savage, for the expense of grading Thirteenth street, was affirmed. On October 29, 1888, a re-argument of the cause was ordered and a writ of certiorari then issued whereon the record was returned -to this court. The facts upon which the questions considered arose sufficiently…

1Opinion of the Court

Opinion,

Mr. 'Justice Green:

In the case of the Appeal of the City of Scranton School District, 113 Pa. 176, the question before us was the constitutionality of the proviso to the fifth section of the act of March 18, 1875. That proviso is in these words: “That no city, of the third class, nor any city of less population than ten thousand inhabitants, heretofore incorporated, shall become subject to the foregoing provisions of this act until the same are accepted by an ordinance duly passed by a majority of the members elected to each branch thereof voting in favor of the same and approved by…

2Cases cited3 opinions

  1. Evans v. PhillipiSupreme Court of Pennsylvania · 1887
  2. Appeal of the City of Scranton School DistrictSupreme Court of Pennsylvania · 1886
  3. Vacation of Henry Street, Allegheny CitySupreme Court of Pennsylvania · 1889

3Cited by13 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
  3. Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
  4. Rambo v. LarrabeeSupreme Court of Kansas · 1903
  5. Northern Pacific Railroad v. BarnesNorth Dakota Supreme Court · 1892

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