Philadelphia v. DeArmond
Superior Court of Pennsylvania
Appeal, No. 279, Oct. T., 1915, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1914, No. 3199, for plaintiff on case stated in suit of Philadelphia, to use of Filbert Paving Co. v. William C. DeArmond. Case stated for an action of assumpsit to recover a municipal claim.
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Appeal, No. 279, Oct. T., 1915, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1914, No. 3199, for plaintiff on case stated in suit of Philadelphia, to use of Filbert Paving Co. v. William C. DeArmond. Case stated for an action of assumpsit to recover a municipal claim. From the record it appeared that the plaintiff on February 18, 1914, filed in Court of Common Pleas No. 2, No. 6745 of December Term, 1913, M. L. D., a municipal claim for paving the roadway of Media street at the northwest corner of Wanamaker street in the City of Philadelphia in the sum of $431.18…
1Opinion of the Court
Opinion by
Porter, J.,
The opinion of President Judge Audenried of the court below, which will appear in the report of this case renders an extended discussion of the questions presented unnecessary. The appellant states the questions involved to be two; (1) Is it lawful for a plaintiff to sue a defendant in two courts at the same time and upon the same claim or cause of action? (2) Does the Act of April 4th, 1907, P. L. 40, as amended by the Act of March 25, 1909, P. L. 78, violate the provisions of Article III, Section 7, of the Constitution, forbidding the passage of any local or special…
2Cases cited3 opinions
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
- Franklin v. HancockSuperior Court of Pennsylvania · 1901
3Cited by10 opinions
- In Re AikensUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re AikensUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- Township of Lower Merion v. ManningSuperior Court of Pennsylvania · 1928
- Taylor v. West End Federal Savings & Loan Ass'n (In Re Taylor)United States Bankruptcy Court, W.D. Pennsylvania · 1982
- City of Pittsburgh v. PhelanSuperior Court of Pennsylvania · 1925
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