McMurray's Heirs v. City of Erie
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Erie county : No. 18, to October and November Term 1868. Tbe proceedings originated in tbe court below by tbe entry of a claim by “Tbe City of Erie against In-lot No. 2575, McMurray’s beirs are owners or reputed owners, David Kennedy, surviving executor; for sidewalk improvement tax, being for furnishing materials and grading, and laying 190 feet brick sidewalk in front of said property on said Fourth street, and amounting to tbe sum of…
Read the full summary
Error to tbe Court of Common Pleas of Erie county : No. 18, to October and November Term 1868. Tbe proceedings originated in tbe court below by tbe entry of a claim by “Tbe City of Erie against In-lot No. 2575, McMurray’s beirs are owners or reputed owners, David Kennedy, surviving executor; for sidewalk improvement tax, being for furnishing materials and grading, and laying 190 feet brick sidewalk in front of said property on said Fourth street, and amounting to tbe sum of $204.09, with 10 per cent, additional, and interest on tbe whole amount from tbe 25th day of November 1865, as per Act…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
Under the provisions of the Act of Assembly of April 14th 1863, entitled “ A further supplement to the several acts incorporating the city of Erie,” Pamph. L. 401, a judgment was entered by the prothonotary in the court below in favor of the city of Erie on a claim for a sidewalk improvement tax against an inlot property described and numbered. It appears by the record that a rule was granted to show cause why the judgment should not be opened. The court made the rule absolute, and “ defendant let into a defence only as…
2Cases cited2 opinions
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841
- Sliver v. ShelbackSupreme Court of the United States · 1786
3Cited by3 opinions
- International Fin. Co. v. Magilansky Et Ux.Superior Court of Pennsylvania · 1932
- Eltonhead v. AllenCourt of Appeals for the Third Circuit · 1902
- Burdsall v. Lansdowne BoroughSuperior Court of Pennsylvania · 1917