City of Philadelphia v. Franklin Cemetery
Superior Court of Pennsylvania
Appeal, No. 70, Nov. T., 1896, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1890, No. 278, M. L. D., in favor of plaintiff for want of a sufficient affidavit of defense. Sci. fa. sur municipal claim for water pipe.
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Appeal, No. 70, Nov. T., 1896, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 1890, No. 278, M. L. D., in favor of plaintiff for want of a sufficient affidavit of defense. Sci. fa. sur municipal claim for water pipe. The defendant’s defense, as set out in its affidavit of defense, is, that by its charter of incorporation (act of May 29, 1840, P. L. 569) the said cemetery is exempt from all taxation, and that the charge made against the property for water pipe is a form of taxation from which the defendant is exempt. The court made the rule absolute. Damages were assessed at…
1Opinion of the Court
Opinion by
Orlady, J.,
The city of Philadelphia filed its claim against “ all that certain lot or piece of ground situate on the south-east side of Ruth street . . . . , containing in front or breadth on Ruth street 488 feet 7£ inches, and extending in length or depth between lines parallel with Orleans street 320 feet, more or less, to Jasper street, for work done and materials furnished by the said city in laying water pipe in front of said lot on Ruth street, and duly assessed and charged as follows, to wit:
“June 14th, 1890. To 488 feet 7£ inches of water pipe at $1.00 per foot, $488.59,…
2Cases cited6 opinions
- Phila. v. Masonic HomeSupreme Court of Pennsylvania · 1894
- Broad StreetSupreme Court of Pennsylvania · 1895
- Olive Cemetery Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1880
- City of Erie v. First Universalist ChurchSupreme Court of Pennsylvania · 1884
- New Castle City v. Stone Church GraveyardSupreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Meadville City v. Odd Fellows' HomeSuperior Court of Pennsylvania · 1937
- Harrisburg v. Harrisburg Cemetery Ass'n, Pennsylvania Court of Common Pleas, Dauphin County1927