City of Philadelphia v. Simon
Superior Court of Pennsylvania
Appeal, No. 106, Oct. T., 1899, by William Simon, from order of C. P. No. 3, Phila. Co., Sept. T., 1897, No. 261, M. L. D., making absolute rule to strike off entry of satisfaction of a lien. Rule to show cause why satisfaction of record should not be stricken off. Before the court in banc.
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Appeal, No. 106, Oct. T., 1899, by William Simon, from order of C. P. No. 3, Phila. Co., Sept. T., 1897, No. 261, M. L. D., making absolute rule to strike off entry of satisfaction of a lien. Rule to show cause why satisfaction of record should not be stricken off. Before the court in banc. It appears from the record that a municipal lien claim for taxes for the year 1896 was assessed against defendants’ premises situate on the northeast side of Allegheny avenue, at the northerly corner of Tulip street, and that, by order of plaintiff’s attorney filed, this claim was marked satisfied…
1Opinion of the Court
Opinion by
Beebeb, J.,
The facts stated in the petition upon which the rule was granted to show cause why the entry of satisfaction on the judgment should not be stricken off must be taken as true since they were not denied by any answer of the defendant. These facts show that the city was induced by a mistake of the party paying to enter satisfaction upon the wrong judgment, or upon a judgment not intended to be paid. This payment was not made by the defendant, but by an agent of the owner of a lot adjoining that of the defendant. We have no doubt of the power of the court, upon notice, to…
2Cases cited4 opinions
- Rand v. KingSupreme Court of Pennsylvania · 1890
- Delaney v. GaultSupreme Court of Pennsylvania · 1858
- Murphy v. FloodSupreme Court of Pennsylvania · 1854
- Whitesell & Sons ex rel. Maul v. Peck, Phillips & Wallace Co.Supreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Commonwealth for Use Benefit of Bates v. HallCourt of Appeals of Kentucky (pre-1976) · 1933
- Beck v. BeckSuperior Court of Pennsylvania · 1994
- A-1 Discount Co. v. NardiSuperior Court of Pennsylvania · 1999