City of Pittsburgh v. Harrison
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 191. Scire facias sur municipal claim, issued by the city of Pittsburgh against James Harrison, to recover the amount of an assessment on certain property fronting on Ridge avenue, for grading, curbing and paving said avenue. Ridge avenue was graded and paved under the Act of January 6th 1864 (Pamph.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 191. Scire facias sur municipal claim, issued by the city of Pittsburgh against James Harrison, to recover the amount of an assessment on certain property fronting on Ridge avenue, for grading, curbing and paving said avenue. Ridge avenue was graded and paved under the Act of January 6th 1864 (Pamph. L. 1131) and its several supplements, by virtue of an ordinance passed by the city councils, June 25th 1874, in pursuance of the petition of a majority of the property owners along the street,…
1Opinion of the CourtJustice Trunkey
The parties to this action are the City of Pittsburgh and James Harrison. Upon a municipal claim, a scire facias was issued, to *211which the defendant pleaded payment with leave ; and there was the issue. No agreement, no motion, no rule or order, no docket entry shows any other party in court, or that there was another issue to try. All through the trial, the plaintiff continually objecting, evidence was received and questions of fact submitted to the jury, only pertinent to an issue between the defendant and a stranger to the record, resulting in a material reduction of the plaintiff’s claim…
2Cited by5 opinions
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Bindley v. PittsburghSuperior Court of Pennsylvania · 1916
- Commonwealth v. GerlachSupreme Court of Pennsylvania · 1943
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Metzger's Petition, Pennsylvania Court of Common Pleas, Dauphin County1926