City of Philadelphia v. Burgin
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia. This was a scire facias by The City of Philadelphia, to the use of Emanuel Peters, to the use of Shaler, Kierstead & Co., against George Burgin, owner, sur claim for curbing and paving footway in front of defendant’s property on Orthodox street, Erankford. The pleas wore non assumpsit, and payment, with leave to give the special matter in evidence.
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Error to the Common Pleas of Philadelphia. This was a scire facias by The City of Philadelphia, to the use of Emanuel Peters, to the use of Shaler, Kierstead & Co., against George Burgin, owner, sur claim for curbing and paving footway in front of defendant’s property on Orthodox street, Erankford. The pleas wore non assumpsit, and payment, with leave to give the special matter in evidence. The material facts of the case were as follows: — In 1858 petitions of property-holders were presented to the councils of Philadelphia for the curbing and paving of a number of streets in Erankford,…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
This is a scire facias on a claim filed in the name of the city against the defendant, for curbing and paving in front of his property on Orthodox street, Prankford. An ordinance or resolution of the 10th May 1858 authorized the highway department to notify the owners of property on this and other streets who have not curbed and paved their footways, to set their curb and grade and pave their footways in front of their respective properties, and in case they neglect or refuse to comply with their respective notices, the commissioner of highways…
2Cases cited1 opinion
- United States v. The Hattie JacksonDistrict Court, S.D. New York · 1861
3Cited by4 opinions
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1908
- Philadelphia v. DeHavenSuperior Court of Pennsylvania · 1909
- Borough of Avonmore v. TaylorSuperior Court of Pennsylvania · 1925