City of Chester v. Bullock

Citations

• 187 Pa. 544
• 41 A. 452
• 1898 Pa. LEXIS 837

Syllabus

<p>Road law — Paving—Statutes—Acts of May 1, 1876, and May 24, 1887.</p> <p>The legislature included in the Act of May 24, 1887, P. L. 204, so much of the Act of May 1, 1876, P. L. 94, as was considered consistent with the provisions of it in relation to the grading and paving of streets, and regarded so much of the act of 1876 as was not included in it as inconsistent with such provisions and, therefore, within its repealing clause.</p> <p>Municipalities — Ordinances—Title of ordinances.</p> <p>An ordinance was entitled as follows: “ Ordinance providing for the assessment of the cost of local improvements heretofore made upon the property abutting on the street, lane or alley, or part thereof, when the said improvements have been completed.” The ordinance provided “ said assessments shall be made and collected in accordance with the provisions of the act of assembly entitled ‘ An act authorizing assessments and re-assessments for the cost of local improvements already made, or in the process of completion, and providing for and regulating the collection of the same,’ approved May 23, 1889.” The ordinance further provided that the assessments should be paid in instalments, and specilied the time when these instalments should be paid. Held, that the title of the ordinance gave sufficient notice of the contents of the ordinance.</p> <p>Mumevpal lien — Paving—Defenses —Estoppel.</p> <p>In an action by a municipality against a landowner to recover assessments for paving a street, the defendant will not be permitted to show the conduct of the viewers and the manner in which they arrived at the assessment, whore he refused to defend on the merits and did not allege any ground for such defense, and where it appears that he had notice of the time and place of the meeting of the viewers, but did not attend the meeting, nor file any exceptions to the report of the viewers, nor make objection on account of defective work or materials, or that the amount of his assessment was e