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· 7/18/1916

Philadelphia v. DeArmond

Citations

  • 63 Pa. Super. 436
  • 1916 Pa. Super. LEXIS 185

Syllabus

<p>Municipal claims — Remedies—Action of assumpsit — Road law.</p> <p>The mere filing of a municipal claim for an assessment for a street improvement will not bar the municipality from proceeding by an action of assumpsit for the collection of the claim.</p> <p>Constitutional law — Local legislation — Collection of debts — Road, law — Acts of April It, 1907, P. L. Ifi, and March 25, 1909, P. L. 78.</p> <p>The Act of April 4, 1907, P. L. 40, as amended by the Act of March 25, 1909, P. L. 78, which empowers municipalities to proceed for the recovery or collection of municipal claims “by lien or by action assumpsit,” does not violate Article III, Section 7, of the Constitution of Pennsylvania, forbidding the passage of any local or special laws providing or changing methods for the collection of debts.</p>

Judges: Bice, Head, Henderson, Iart, Kepi, Orlady, Porter, Trexler

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