Legal Opinion

City of Philadelphia v. Unknown Owner

Supreme Court of Pennsylvania

Decided April 18, 1892No. Appeal No. 45PublishedCited by 6 opinions

Appeal No. 45, July T., 1891, by Caroline B. Pilling, from decree of C. P. No. 2, Phila. Co., June T., 1875, No. 208, M. L. D., refusing to open judgment on sci. fa. sur municipal claim filed by the city to the use of Emanuel Peters. A claim was filed for paving in September, 1875, against a lot of ground in the Twenty-third ward in the city of Philadelphia and “ whoever may be the owner or owners thereof agreeably to the several acts of assembly in relation thereto.”

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Appeal No. 45, July T., 1891, by Caroline B. Pilling, from decree of C. P. No. 2, Phila. Co., June T., 1875, No. 208, M. L. D., refusing to open judgment on sci. fa. sur municipal claim filed by the city to the use of Emanuel Peters. A claim was filed for paving in September, 1875, against a lot of ground in the Twenty-third ward in the city of Philadelphia and “ whoever may be the owner or owners thereof agreeably to the several acts of assembly in relation thereto.” The claim did not specify compliance with any ordinance, or selection of the contractor by majority of the property owners. A…

1Opinion of the Court

Per Curiam,

It is sufficient to say in regard to the first and second specifications of error, that there is nothing upon the record which would have justified the court below in striking off the lien.

The remaining specification alleges that the court erred in refusing to make absolute the rule to open the judgment. There is nothing before us to show that the discretion of the court below was not properly exercised. The paving for which the claim was filed was done in 1875. The judgment had been obtained upon the claim more than ten years prior to the application to open.

Judgment affirmed.

2Cited by6 opinions

  1. Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
  2. Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
  3. Philadelphia v. LukensSuperior Court of Pennsylvania · 1903
  4. Philadelphia v. NellSuperior Court of Pennsylvania · 1906
  5. Philadelphia v. SmithSuperior Court of Pennsylvania · 1905

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