Legal Opinion

City of Reading v. O'Reilly

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 285PublishedCited by 9 opinions

Appeal, No. 285, Jan. T., 1895, by plaintiff, from judgment of C. P. Berks Co., Jan. T., 1892, No. 30, for defendants, n. o. v. for plaintiff. Sci. fa. sur city lien.

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Appeal, No. 285, Jan. T., 1895, by plaintiff, from judgment of C. P. Berks Co., Jan. T., 1892, No. 30, for defendants, n. o. v. for plaintiff. Sci. fa. sur city lien. On the. trial before Ermentkout, J., the following points submitted by the defendants were reserved, the facts set forth in the 4th, 5th, 6th and 7th points being admitted by counsel for both plaintiff and defendants: “ 4. It appearing from the records of councils, offered in evidence, that the map, plan, schedule and report of viewers were attached to Select Council Bill No. 37, which said bill was defeated, all the matters…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The act of May 1, 1876, P. L. 94, provides that councils of cities not of the first class “ shall not pass any ordinance authorizing the grading or paving of any street .... before they have caused the city engineer to make an estimate of the total cost of such improvement, particularly stating the items and the cost of each, and a map or plan of all the property liable to assessment for the cost of the same, and also caused the board of viewers to view the property and make a schedule showing *372the total cash value of the same as nearly as can be ascertained, and…

2Cases cited5 opinions

  1. McKeesport v. SolesSupreme Court of Pennsylvania · 1895
  2. Beaumont v. Wilkes-Barre City, Pennsylvania Court of Common Pleas, Luzerne County1891
  3. City of Erie v. BradySupreme Court of Pennsylvania · 1889
  4. South Chester Borough v. GarlandSupreme Court of Pennsylvania · 1894
  5. City of Oil City v. MorrisSupreme Court of Pennsylvania · 1881

3Cited by9 opinions

  1. Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
  2. City of Corry v. Corry Chair Co.Superior Court of Pennsylvania · 1901
  3. Jones v. JonesSupreme Court of Louisiana · 1898
  4. City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
  5. Philadelphia v. GinhartSuperior Court of Pennsylvania · 1912

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