Scranton City v. Clarke
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1907, by defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1902, No. 301, for plaintiff on demurrer in case of City of Scranton v. E. M. Clarke. Demurrer to scire facias sur municipal lien. Before Edwards, P. J. The opinion of the Superior Court states the case. Error assigned was in sustaining the demurrer.
1Opinion of the Court
Opinion by
Porter, J.,
The city of Scranton, upon the petition of the appellant and others, being a majority in number of owners of abutting property, paved West Lackawanna avenue and assessed the cost of the improvement against abutting property according to the foot-front rule. There is no suggestion of any irregularity in the proceedings under which the improvement was made, nor that the property was not of a character properly assessable according to frontage. The city filed a lien against the property of the defendant and issued a scire facias thereon, to which the defendant demurred, upon…
2Cases cited6 opinions
- Bowers v. Braddock BoroughSupreme Court of Pennsylvania · 1896
- Seaman v. Borough of WashingtonSupreme Court of Pennsylvania · 1896
- Frederick StreetSupreme Court of Pennsylvania · 1892
- Hand v. FellowsSupreme Court of Pennsylvania · 1892
- McKeesport Boro. ex rel. McKeesport City v. BuschSupreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Philadelphia v. KellySuperior Court of Pennsylvania · 1916