Legal Opinion

City of Pittsburgh v. MacConnell

Supreme Court of Pennsylvania

Decided November 11, 1889No. 180PublishedCited by 17 opinions

APPEAL BY DEFENDANT EKOM THE COUNT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 180 October Term 1889, Sup. Ct.; court below, No. 73 July Term 1889, C. P. No. 2. On June 6, 1889, tbe city of Pittsburgh. filed a municipal claim for $5,621.77, with interest from January 14, 1889, attorney’s commissions, etc., against a lot of ground of Mrs. Mathilda G. MacConnell, situated on Winebiddle avenue, in the 20th ward, alleging that said sum was “the assessment upon said lot for…

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APPEAL BY DEFENDANT EKOM THE COUNT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 180 October Term 1889, Sup. Ct.; court below, No. 73 July Term 1889, C. P. No. 2. On June 6, 1889, tbe city of Pittsburgh. filed a municipal claim for $5,621.77, with interest from January 14, 1889, attorney’s commissions, etc., against a lot of ground of Mrs. Mathilda G. MacConnell, situated on Winebiddle avenue, in the 20th ward, alleging that said sum was “the assessment upon said lot for the cost and expense of grading, paving and setting with curb stones, within six months last past, that part of Winebiddle…

1Per curiam

This affidavit of defence resembles the one in Erie City v. Butler, 120 Pa. 374, being “rich in adjectives, but meager in facts.”

The claim for grading, paving, and curbing was not'filed by a contractor, using the name of the city. On the contrary, the contract was made directly by the city. The city accepted the work done by the contractor, and then filed this claim therefor against defendant, as an abutting property owner, for her proportion of the expense. She sets forth in her affidavit of defence, (a) that the work and materials were not offered or given to the lowest responsible bidder;…

2Cases cited2 opinions

  1. Erie City v. ButlerSupreme Court of Pennsylvania · 1888
  2. Watson v. City of Philadelphia ex rel. AdamsSupreme Court of Pennsylvania · 1880

3Cited by17 opinions

  1. Scranton v. KoehlerSupreme Court of Pennsylvania · 1901
  2. North East Borough AppealSuperior Court of Pennsylvania · 1960
  3. Borough of Fairview v. Property Located at Tax Index No. 48-67-4Commonwealth Court of Pennsylvania · 1982
  4. Tarentum Borough v. MoorheadSuperior Court of Pennsylvania · 1904
  5. City of Erie ex rel. Eichenlaub v. Piece of Land fronting on Eleventh StreetSuperior Court of Pennsylvania · 1899

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