Philadelphia ex rel. Holgate v. Meager
Supreme Court of Pennsylvania
- Error to the Court of Common Pleas of Philadelphia: Of July Term 1870, No. 23. This was a scire facias, issued August 16th 1869, by the city of Philadelphia to the use of James Holgate against Charles Meager on a municipal claim. A case stated was filed September 20th, which showed the following facts:— On the 16th of February 1869, the _ City, to the use of Holgate, filed a claim amounting to $145.06, for paving, &c., against a lot of ground in the 19th ward of the city.
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- Error to the Court of Common Pleas of Philadelphia: Of July Term 1870, No. 23. This was a scire facias, issued August 16th 1869, by the city of Philadelphia to the use of James Holgate against Charles Meager on a municipal claim. A case stated was filed September 20th, which showed the following facts:— On the 16th of February 1869, the _ City, to the use of Holgate, filed a claim amounting to $145.06, for paving, &c., against a lot of ground in the 19th ward of the city. On the 12th of March 1869, the City, to the use of Samuel Miller, filed a similar claim for $144.37 against the same…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
The city of Philadelphia filed two claims against the defendant’s property for the use of different contractors — the first for paving the cartway of the street, and the second for constructing a sewer in front of the property. Upon the claim' last filed the property was sold by a judicial sale for a sum insufficient to pay either claim. The question presented, by the -case stated is, whether the lien of the claim first filed was discharged by the sale.
The Act of the 11th of March 1846, § 6, Pamph. L. 115, provides in express terms, that…
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