Bidwell v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 256. Scire facias sur municipal claim, issued by the city of Pittsburgh against D. W. C. Bidwell, to recover the cost of grading and paving Ellsworth avenue, done under the provisions of the Act of April 2d 1870, Pamph. L. 796, entitled “ An Act for the improvement of Penn avenue and other avenues and streets in the city of Pittsburgh.”
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 256. Scire facias sur municipal claim, issued by the city of Pittsburgh against D. W. C. Bidwell, to recover the cost of grading and paving Ellsworth avenue, done under the provisions of the Act of April 2d 1870, Pamph. L. 796, entitled “ An Act for the improvement of Penn avenue and other avenues and streets in the city of Pittsburgh.” The 26th section of this act made it general, by providing that its provisions might be extended to other streets and avenues, on a petition of a majority of…
1Opinion of the CourtJustice Mercur
The seventeen assignments of error may be considered together. They all involve the question whether the plaintiff can avoid the payment of the assessments made on his lands on the ground of alleged unconstitutionality of the law authorizing them.
The claim is to recover the cost of grading and paving Ellsworth iavenue, on which plaintiff’s lands front, under the Act of 2d April 11870, Pamph. L. 796. The main provisions of the act, to which reference need be made, providing for this improvement, are
1. It requires a petition from a majority of property-holders along the line of the proposed…
2Cases cited3 opinions
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Lee v. TillotsonNew York Supreme Court · 1840
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
3Cited by15 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Broad StreetSupreme Court of Pennsylvania · 1895
- Driskel v. O'ConnorSupreme Court of Pennsylvania · 1940
- Clear Springs Water Co. v. Catasauqua BoroughSupreme Court of Pennsylvania · 1911
- Fowler v. TankersleyCourt of Appeals of Tennessee · 1946
10 more not listed; retrieve them via the Exa API.