Legal Opinion

Bellevue Borough v. Gibson

Superior Court of Pennsylvania

Decided July 20, 1910No. Appeal, No. 131Published

Appeal, No. 131, April T., 1910, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 558, for defendant on case stated in suit of Bellevue Borough v. Robert Gibson. Case stated to determine liability on a municipal lien. The facts are stated in the opinion of the Superior Court. The court below in an opinion by Shaper, J., entered judgment for plaintiff for $335.73. Defendant appealed.

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Appeal, No. 131, April T., 1910, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 558, for defendant on case stated in suit of Bellevue Borough v. Robert Gibson. Case stated to determine liability on a municipal lien. The facts are stated in the opinion of the Superior Court. The court below in an opinion by Shaper, J., entered judgment for plaintiff for $335.73. Defendant appealed. Error assigned was in entering judgment for plaintiff on case stated.

1Opinion of the Court

Opinion by

Morrison, J.,

This was a scire facias on a municipal lien and after an affidavit of defense was filed, the facts were presented to the court in a case stated, from which we gather the following facts:

That the borough of Bellevue, Allegheny county, Pennsylvania, is a municipality, chartered and existing under the laws of the state of Pennsylvania; that Bayne avenue is a public street in said borough; that on October 2, 1900, a petition signed by a majority in number and interest of owners of property abutting on said street' was presented to the council of said borough praying for the…

2Cases cited3 opinions

  1. Shiloh StreetSupreme Court of Pennsylvania · 1895
  2. City of Chester ex rel. Ross v. EyreSupreme Court of Pennsylvania · 1897
  3. Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904

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