Michener v. City of Philadelphia

Citations

• 118 Pa. 535
• 12 A. 174
• 1888 Pa. LEXIS 418

Syllabus

<p>1. To a seire facias sur a municipal claim for an assessment of the cost of a sewer in the city of Philadelphia, constructed under an ordinance duly enacted according to law, the defendant may not defend on the ground that the sewer was neither a private benefit to him or his property, nor a matter of necessity to the public.</p> <p>2. The laws and ordinances authorizing the construction of sewers ini said city are constitutional; and, as to the necessity for their construe-' tion, the judgment of the city councils is conclusive.</p> <p>3. That defendant was assessed with and paid his part of the cost of sewers previously constructed and which as alleged by him were fully adequate, is no defence to the claim for the cost of the sewer in controversy.</p> <p>4. Hammett v. Philadelphia, 65 Pa. 146; Washington Avenue, 69 Pa. 352; Wistar v. Philadelphia, 80 Pa. 505, reviewed and distinguished.</p>