Legal Opinion

Borough of Youngwood v. Gay

Superior Court of Pennsylvania

Decided February 28, 1919No. Appeal, No. 123PublishedCited by 8 opinions

Appeal, No. 123, April Term, 1918, by plaintiff, from order of C. P. Westmoreland County, Nov. T., 1915, No. 59, discharging a rule for judgment for want of a sufficient affidavit of defense in case of Borough of Youngwood v. Morrison A. Gay. Assumpsit for municipal improvements. Before McConnell, J. The facts are stated in the opinion of the Superior Court. Buie for judgment for want of a sufficient affidavit of defense. The court discharged the rule.

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Appeal, No. 123, April Term, 1918, by plaintiff, from order of C. P. Westmoreland County, Nov. T., 1915, No. 59, discharging a rule for judgment for want of a sufficient affidavit of defense in case of Borough of Youngwood v. Morrison A. Gay. Assumpsit for municipal improvements. Before McConnell, J. The facts are stated in the opinion of the Superior Court. Buie for judgment for want of a sufficient affidavit of defense. The court discharged the rule. Error assigned was order of the court.

1Opinion of the Court

Opinion by

Porter, J.,

The borough brings this action of assumpsit and seeks to recover judgment against the defendant personally for the amount of an assessment for benefits, resulting from the grading and paving of Third street in the borough, upon a lot of which it is alleged the defendant was, at the time of the improvement, the owner. The plaintiff, deeming the affidavit of the defendant to be insufficient, took a rule for judgment, which the court discharged, and from that order the plaintiff appeals. The street was improved by the borough under the powers conferred by the general Act of…

2Cases cited3 opinions

  1. Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
  2. Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
  3. Allentown v. RothSupreme Court of Pennsylvania · 1911

3Cited by8 opinions

  1. Philadelphia, to Use v. EgolfSupreme Court of Pennsylvania · 1934
  2. Philadelphia v. HolleySuperior Court of Pennsylvania · 1966
  3. Township of Scott v. DavisSuperior Court of Pennsylvania · 1921
  4. City of Hazleton v. Forte, Pennsylvania Court of Common Pleas, Luzerne County1949
  5. City of Philadelphia v. Hillier, Pennsylvania Court of Common Pleas, Philadelphia County1928

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