Connellsville Borough v. Hogg

Citations

• 156 Pa. 326
• 27 A. 25
• 1893 Pa. LEXIS 1351

Syllabus

<p>Hoad law — Streets — Municipal claims — Appeals—Practice—Modification of judgment in Supreme Court — Costs.</p> <p>A landowner was awarded damages for a street opened through one piece of ground owned by him, and at the same time was assessed with benefits accruing to another piece of ground. He appealed from both awards. While the appeals were pending, the borough, without tender of security, demanded that he should build a foot walk and gutter along the new street, and, meeting with a refusal, entered upon his land and built the foot walk and gutter, and filed a municipal claim against the property for the cost of the same, together with twenty per cent penalty. Subsequently the appeals from the awards were tried together, and a judgment was entered against appellant. An appeal was taken from the judgment to the Supreme Court, but it was nonprossed. The judgment was subsequently paid and satisfied. Afterwards a scire facias on the municipal claim was tried and a verdict and judgment was entered against defendant, who appealed to the Supreme Court. Meld, (1) that the entry of the municipal claim while the appeal from the appraisement was pending, was irregular, and could have been stricken oft' on motion; (2) that such entry constituted a technical defence to the scire facias on the municipal claim; (3) that the contest after a trial on the merits was reduced to such limits that the Supreme Court would not be justified in sending the case back to the court below; (4) that it was a proper case to use the power conferred upon the Supreme Court to set aside, modify or reduce a judgment, as justice may seem to require; (5) that judgment should be entered against appellant for the amount of the municipal lien, with interest from the date of the entry, and for costs which had accrued since the judgment of non-pros in the appraisement case.</p>