Borough of Sharpsville v. Randall
Superior Court of Pennsylvania
Appeal, No. 69, April T., 1919, by defendant, from order of C. P. Mercer Co., January T., 1915, No. 431, refusing to reduce a municipal lien in the case of Borough of Sharpsville v. Ford Randall. Rule to file an affidavit of the amount of municipal claim and show cause why petitioners should not have leave to pay the money into court or enter security in lieu of the claim. Before McLaughey, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 69, April T., 1919, by defendant, from order of C. P. Mercer Co., January T., 1915, No. 431, refusing to reduce a municipal lien in the case of Borough of Sharpsville v. Ford Randall. Rule to file an affidavit of the amount of municipal claim and show cause why petitioners should not have leave to pay the money into court or enter security in lieu of the claim. Before McLaughey, P. J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The authorities of the Borough of Sharpsville being desirous of paving Ridge avenue elected to exercise the jurisdiction, conferred by the Act of May 12, 1911, P. L. 288, to proceed without a petition of abutting property owners and assess two-thirds of the cost of such paving upon property according to the foot-front rule. After the work was completed an assessment was made and municipal claims were filed against abutting properties, among them that of this appellant. The appellant presented his petition to the court below alleging that a part of the street throughout…
2Cases cited5 opinions
- Philadelphia ex rel. Nestor v. Spring Garden Farmers' Market Co.Supreme Court of Pennsylvania · 1894
- Philadelphia v. EvansSupreme Court of Pennsylvania · 1891
- City of Philadelphia v. BowmanSupreme Court of Pennsylvania · 1896
- Borough of Duquesne v. KunzeSuperior Court of Pennsylvania · 1898
- Philadelphia v. Spring Garden Farmers' Market Co.Supreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Stockdale Borough v. AstleSupreme Court of Pennsylvania · 1963
- Borough v. RandallSupreme Court of Pennsylvania · 1920
- Baldwin v. the City of ErieSuperior Court of Pennsylvania · 1928
- Borough of Avonmore v. TaylorSuperior Court of Pennsylvania · 1925
- Greene v. Woodlawn Borough, Pennsylvania Court of Common Pleas, Beaver County1923