Philadelphia v. Adams
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1900, by Benjamin O. Wilson, terre-tenant, in suit of the city of Philadelphia to the use of Emanuel Peters, against- Jokn Q. Adams, owner, etc., from order of O. P. No. 1, Phila. Go., March T., 1876, No. 57, M. L. D., discharging rule to open judgment. Opinion by W. D. Porter, J. Rule to open judgment sur a city to use paving claim, and also rule to quash scire facias and strike off judgment.
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Appeal, No. 57, Oct. T., 1900, by Benjamin O. Wilson, terre-tenant, in suit of the city of Philadelphia to the use of Emanuel Peters, against- Jokn Q. Adams, owner, etc., from order of O. P. No. 1, Phila. Go., March T., 1876, No. 57, M. L. D., discharging rule to open judgment. Opinion by W. D. Porter, J. Rule to open judgment sur a city to use paving claim, and also rule to quash scire facias and strike off judgment. It appears from the record that in his petition to open the judgment, defendant alleged that the street on which the property in question was situated had never been opened. An…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
When the appellant, on July 6, 1898, began his attack upon the judgment which he now seeks to have stricken off, he had before him the whole record, from the original municipal claim as filed, down to the judgment entered upon the second scire facias to continue the lien, and he knew who had been the registered owners of the lot against which the lien was filed. He elected to assail the plaintiff’s right to recover at all for the improvement made to the property, and alleged a defense upon the merits; the only suggestion, in the original petition, of a reason why…
2Cases cited2 opinions
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3Cited by8 opinions
- Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
- Lytle v. M'CuneSuperior Court of Pennsylvania · 1902
- Work v. AdamsSuperior Court of Pennsylvania · 1919
- King v. GrannisSuperior Court of Pennsylvania · 1905
- Aubel Estate v. NoeSuperior Court of Pennsylvania · 1919
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