City of Scranton v. Silkman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term 1886, No. 370. This was an appeal filed by Catharine Silkman, September 27th, 1883, from the decision of the Board of Appeal and Revision of tlie city of Scranton under the Act of April 4th, 1878, P. L., 133. On February 8tb, 1886, the city of Scranton pleaded to the jurisdiction of the Court by reason of the unconstitutionality of said Act.
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Error to the Court of Common Pleas of Lackawanna county: Of January Term 1886, No. 370. This was an appeal filed by Catharine Silkman, September 27th, 1883, from the decision of the Board of Appeal and Revision of tlie city of Scranton under the Act of April 4th, 1878, P. L., 133. On February 8tb, 1886, the city of Scranton pleaded to the jurisdiction of the Court by reason of the unconstitutionality of said Act. On February 10th, 1886, the Court, Hand, P. J., filed the following opinion, making a decree reducing the plaintiff’s assessment as prayed for. This is an appeal from the assessment…
1Opinion of the CourtJustice Green
*199The right of appeal, asserted by the defendant in error in this case, is given only to the owners of real estate in counties of less than 500,000 inhabitants. The Act of 24th May, 1878, which gives this right is therefore of limited application, and comes within our ruling in the ease of Davis v. Clark, 10 Out., 884, in which we held that the exclusion of a single county from the operation of the Act makes it local. There is no doubt much force in the consideration that the only county which is now excluded bas a system of appeal of its own, and the present law practically makes the right…
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