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· 7/29/1898

In re City of Allegheny

Citations

  • 8 Pa. Super. 104
  • 1898 Pa. Super. LEXIS 19

Syllabus

<p>Municipal law — Street improvements — Ordinances—Advertisement necessary.</p> <p>The power of cities to inaugurate proceedings for street improvements is to be exercised by ordinance duly passed for that purpose, which ordinance must be duly published according to law. This publication is mandatory and a condition precedent to the lawful enactment of the ordinance.</p> <p>The publication of one ordinance which was not, however, finally passed and approved cannot apply by virtue of cognate subject-matter to a subsequent ordinance which, although duly passed and approved, was not advertised as required by law. That the first is void needs no discussion and the failure to advertise the second is likewise fatal.</p>

Judges: Beaver, Orlady, Porter, Reeder, Smith, Wickham

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