City of Philadelphia v. Gratz Land Co.
City of Philadelphia v. Gratz Land Co.
Opinion of the Court
The opinion of the court was delivered,
— In The City of Philadelphia v. Sutter, 6 Casey 53, it was ruled, that municipal claims for paving, curbing, &c., require substantially the same precision which those of mechanics and material-men require under the Act of Assembly of 16th June 1836. Such claims were authorized to be made liens of record by the Act of 16th of April 1840, which, with some subsequent acts, assimilated them to claims of mechanics and material-men. At the time when the Act of 1840 was passed, •there were in existence certain statutory requisites to the validity of a mechanic’s claim, and it was to be presumed, therefore, that similar requisites were intended to be essential to claims for paving. But claims for the expenses attending the removal of nuisances were authorized to be filed in the office of the clerk of the District Court by the Act of April 7th 1830 (P. L. 348), before the Act of 1836 was passed; and they were to be filed,
The order of the court striking off the lien is reversed, and the claim is directed to be reinstated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.