Philadelphia v. Manderfield
Superior Court of Pennsylvania
Appeal, No. 122, Oct. T., 1906, by-defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1900, No. 38, on verdict for defendant in ease of City of Philadelphia v. John R. Manderfield. Scire facias sur municipal lien for water pipe. Before Willson, P. J. The opinion of the Superior Court states the ease. Verdict and judgment for defendant. JError assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
In June, 1900, the city filed its lien, |490, for laying water pipe in the bed of Wyoming avenue in front of premises owned at that time by John R. Manderfield. A scire facias was issued thereon in 1905, and the cause came on fpr trial in 1906, the defense being that the property covered by the lien was farm or rural property, and was not subject to assessment according to the foot front rule. On the trial the *374only question in controversy was whether the land should be classed as rural or city property. This was fairly submitted to the jury, who returned a verdict for the…
2Cases cited7 opinions
- City of McKeesport v. SolesSupreme Court of Pennsylvania · 1896
- McKeesport v. SolesSupreme Court of Pennsylvania · 1895
- City of Philadelphia ex rel. Mack v. GorgasSupreme Court of Pennsylvania · 1897
- Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
- Keith v. City of PhiladelphiaSupreme Court of Pennsylvania · 1889
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3Cited by2 opinions
- City of Phila. to Use v. BradySuperior Court of Pennsylvania · 1931
- Borough of Cheswick v. StuartSuperior Court of Pennsylvania · 1928