City ex rel. O'Rourke v. Hays
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term 1879, No. 96. Scire facias by the City of Philadelphia, to the use of Michael O’Rourke against John Hays, owner, or reputed owner, on a municipal claim for paving in front of a lot on Lehigh avenue, “ having been done pursuant to a contract made under the authority of an ordinance of the city of Philadelphia, approved December 30th 1873, after the claimant had been selected by the owners in…
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term 1879, No. 96. Scire facias by the City of Philadelphia, to the use of Michael O’Rourke against John Hays, owner, or reputed owner, on a municipal claim for paving in front of a lot on Lehigh avenue, “ having been done pursuant to a contract made under the authority of an ordinance of the city of Philadelphia, approved December 30th 1873, after the claimant had been selected by the owners in accordance therewith, for which sum of $53.37, with interest thereon, a lien is claimed upon the above-described premises,…
1Opinion of the CourtJustice Gordon
The Act of February 2d 1854, clothes the city councils with full power to order the paving of streets and foot-ways, and to charge the expense to the owners of the ground in front of which the work is done. Thus the first part of this act gives them the unqualified power to pave the streets, and this they may do by contract or otherwise, as to them may seem proper, whilst the latter part prescribes the method of taxation by which the means may be raised to pay for the work. It is not, indeed, pretended that any Act of Assembly requires the property owners to be consulted, either as to the…
2Cited by17 opinions
- Morgan v. JohnstownSupreme Court of Pennsylvania · 1931
- Shiloh StreetSupreme Court of Pennsylvania · 1895
- City of Philadelphia v. RichardsSupreme Court of Pennsylvania · 1889
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
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