Schenley v. Commonwealth ex rel. City of Allegheny
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a scire facias by The Commonwealth of Pennsylvania, for the use of The City of Allegheny, against Edward W. II. Schenley and Mary E. Schenley, his wife, upon a municipal claim filed in. the. Court of Common Pleas, for the expenses of grading and paving First street, in the city of Allegheny, opposite the lots of the defendant, Mary E. Schenley, and bounding thereon.
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Error to the District Court of Allegheny county. This was a scire facias by The Commonwealth of Pennsylvania, for the use of The City of Allegheny, against Edward W. II. Schenley and Mary E. Schenley, his wife, upon a municipal claim filed in. the. Court of Common Pleas, for the expenses of grading and paving First street, in the city of Allegheny, opposite the lots of the defendant, Mary E. Schenley, and bounding thereon. Mrs. Schenley was the owner of a large tract of land in the north-eastern part of the city of Allegheny, which she acquired by descent from her mother, Mrs. Croghan, who…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
This was a scire facias to recover the amount of a municipal claim, made by the city of Allegheny against a lot in said 'city, belonging to Mrs. Schenley, one of the defendants. The claim was for the costs and expenses of grading First street. It was filed originally in the Court of Common Pleas, and it is now-argued that the District Court had no authority to issue a scire facias founded thereon. The Acts of Assembly of June 16th 1836, Pamph. L. 745, §§ 6 and 7, and March 13th 1844, Pamph. L. *54102, § 14, require that all indictments and civil…
2Cases cited1 opinion
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