King v. Brown
Superior Court of Pennsylvania
Appeal, No. 18, April T., 1906, by-defendant, from order of C. P. No. 3, Allegheny Co.,. May T., 1906, No. 478, sustaining demurrer to return of writ of alternative mandamus in case of Charlotte S. King y. James Brown. Petition for mandamus. Demurrer to return.
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Appeal, No. 18, April T., 1906, by-defendant, from order of C. P. No. 3, Allegheny Co.,. May T., 1906, No. 478, sustaining demurrer to return of writ of alternative mandamus in case of Charlotte S. King y. James Brown. Petition for mandamus. Demurrer to return. From the record it appears that plaintiff was awarded damages for the grading and paving of a street by a jury of view, and that the award was confirmed by the court on May 28,1904. On January 17, 1905, demand was made on defendant’s city controller for a warrant for the amount of the award and interest thereon. On the controller…
1Opinion of the Court
Per. Curiam,
In Pennsylvania interest is a legal incident to a judgment for money: Commonwealth v. Vanderslice, 8 S. & R. 452; Shaller v. Brand, 6 Binney, 435 ; Wither’s Appeal, 16 Pa. 151; Act of 1700, 1 Sm. L. 7. This is the general rule, and it has not been shown to us that a judgment against a municipal corporation is an exception to it, or that proof that the corporation has provided the funds to pay it will prevent the running of interest until demand be made.
The case of Friend v. Pittsburg, 131 Pa. 305, upon which the appellant’s counsel relies, does not deal with that precise question,…
2Cases cited10 opinions
- Township of North Whitehall v. KellerSupreme Court of Pennsylvania · 1882
- In re Sedgeley AvenueSupreme Court of Pennsylvania · 1879
- City of Philadelphia v. DyerSupreme Court of Pennsylvania · 1862
- Wither's AppealSupreme Court of Pennsylvania · 1851
- City of Philadelphia v. MiskeySupreme Court of Pennsylvania · 1871
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3Cited by2 opinions
- Opening of ParkwaySupreme Court of Pennsylvania · 1920
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