Hampton v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny Qounty. This was a proceeding to June Term, 1852, in the name of the Commonwealth of Pennsylvania, for use of John Irwin and Joseph Tomlinson v. Wade Hampton. It was a scire facias on a report of viewers made to June Term, 1850, and its object was to recover of the defendant $173, charged upon a lot owned by him in the proceeding to open Hancock street, in the city of Pittsburgh.
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Error to the Common Pleas of Allegheny Qounty. This was a proceeding to June Term, 1852, in the name of the Commonwealth of Pennsylvania, for use of John Irwin and Joseph Tomlinson v. Wade Hampton. It was a scire facias on a report of viewers made to June Term, 1850, and its object was to recover of the defendant $173, charged upon a lot owned by him in the proceeding to open Hancock street, in the city of Pittsburgh. The defence was, that the act providing for the opening of the street was repealed before the scire facias issued. A case was stated in the nature of a special verdict. The act…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
The Legislature authorized the extension of Hancock street in 1850. One of its provisions was, that the damages done to private property should be ascertained and apportioned among the different lots which would be benefited by the opening of the new street. This was done, and part of the damages were assessed on the lots of the plaintiff in error. But before the street could be opened, and before the lien which the report of viewers created on the lots was ripe for a scire facias, the Act of Assembly was repealed. Of course this puts an…
2Cases cited1 opinion
- People ex rel. Fountain v. Board of SupervisorsNew York Supreme Court · 1848
3Cited by6 opinions
- Bradstreet Co. v. City of JacksonMississippi Supreme Court · 1902
- Ohio River Junction Railroad v. Pennsylvania Co.Supreme Court of Pennsylvania · 1909
- Lawrence County v. City of New CastleSuperior Court of Pennsylvania · 1901
- Washington BoroughSuperior Court of Pennsylvania · 1904
- Rassau v. CampbellSupreme Court of Pennsylvania · 1912
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