City of Philadelphia ex rel. Mack v. Gorgas

Citations

• 180 Pa. 296
• 36 A. 868
• 1897 Pa. LEXIS 921

Syllabus

<p>Road law — Assessments for paving — Condition of property.</p> <p>The question of the liability of property for assessments for paving depends upon the condition existing at the time the paving is done, and not at the time the ordinance authorizing it is enacted.</p> <p>Road law — Paving assessments — Farm land — Question for jury.</p> <p>On the trial of a scire facias sur municipal lien for paving, it appeared that the property assessed was a lot two hundred and forty feet square, on which was erected a building in which the defendant kept a store; there was also a stable used in connection with the store business. Some corn, potatoes and other vegetables were raised upon the lot for family use, and some beans which were sold. . In this connection some plowing and harrowing were done. The street on which the property was situated had all the city improvements except a sewer. It had water pipe, gas lamps and police, and it was sufficiently built up to be considered urban instead of rural. Held, (1) that the question whether the property was farm land was for the jury; (2) that a verdict for plaintiff should be sustained.</p> <p>Municipalities — Municipal contract — Irregularities in.</p> <p>Where defects in municipal contracts are irregularities only, third parties are not permitted to raise questions between the municipality and its contractors.</p> <p>It is not competent for a defendant in a municipal lien to raise questions relating to the formal details of agreements between the city and its contractors, or to their execution and performance, where the acts of the municipal officers have been ratified, and the work done by the contractors has been accepted.</p> <p>Municipalities — Municipal contracts — Act of June 1, 1885 — Gity or&in anee— Paving.</p> <p>The Act of June 1, 1885, article 14, P. L. 37, directs that “ all contracts relating to city affairs shall be in writing, signed and executed in the name of the city by the officer authorized to make the sam