165 Pa. 516 | Pa. | 1895
We agree entirely with the learned judge of the court below in holding that the city having accepted payment of the amount of the assessment made under the acts of 1887 and 1889, cannot now compel another payment because those acts were subnequently decided to be in conflict with the requirements of the
Moreover it is very doubtful whether this case comes within the provisions of the act of 1891. The language of the act really embraces only cases in which the properties peculiarly benefited could not be assessed owing to the acts under which the improvements were made being declared unconstitutional, or for any other reason the properties could not be assessed “ as the law under which they were made, or are being made, contemplated.” This contingency is not true of this case because under the law as it then was this defendant’s property was assessed for the same benefits and he paid the assessment.
Judgment affirmed.