Legal Opinion

Philadelphia v. Peters

Superior Court of Pennsylvania

Decided July 15, 1914No. 2; Appeal, No. 214Published

Appeal, No. 214, Oct. T., 1913, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1898, No. 64, M. L. D., discharging rule to strike off lien and quash writ of scire facias in case of City of Philadelphia to use of Dennis Mahoney to the use of the City of Philadelphia v. Estate of Margaret A. Peters, deceased, Owner and Registered Owner, and Jacob M. Peters, Suggested Defendant. Rules to strike off municipal liens and to quash writs of scire facias.

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Appeal, No. 214, Oct. T., 1913, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1898, No. 64, M. L. D., discharging rule to strike off lien and quash writ of scire facias in case of City of Philadelphia to use of Dennis Mahoney to the use of the City of Philadelphia v. Estate of Margaret A. Peters, deceased, Owner and Registered Owner, and Jacob M. Peters, Suggested Defendant. Rules to strike off municipal liens and to quash writs of scire facias. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rules.

1Opinion of the Court

Opinion by

Porter, J.,

This municipal claim for paving the footway and setting the curb in a street upon which the property abutted was filed April 11, 1898. The claim as filed named as owner “Estate of Margaret A. Peters, deceased, owner and registered owner.” Jacob M. Peters was, on March 21, 1903, suggested of record by the use plaintiff as actual and present owner, and Peters upon the same day entered into the following written agreement with the use plaintiff, which agreement was filed of record. “It is hereby agreed between the above named plaintiff and the defendant that an amicable…

2Cases cited1 opinion

  1. Philadelphia v. StewardSuperior Court of Pennsylvania · 1906

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