Hibberd v. County of Delaware
Superior Court of Pennsylvania
Appeal No. 8, Nov. T., 1895, from the judgment of C. P. Delaware Co., Dec. T., 1891, No. 68, making absolute a rule to show cause why execution should not be had against County of Delaware and awarding a mandamus against commissioners thereof.
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Appeal No. 8, Nov. T., 1895, from the judgment of C. P. Delaware Co., Dec. T., 1891, No. 68, making absolute a rule to show cause why execution should not be had against County of Delaware and awarding a mandamus against commissioners thereof. The case arose on appeal of T. L. Hibberd from award of a jury of view, No. 3 September Sessions, 1891. On March 19, 1894, judgment was entered on a verdict in favor of the plaintiff and against the defendant for $400. The following facts appear from the abstract of the record, showing the exact points presented for the decision of the court and the…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from the orders of the court of common pleas making absolute a rule to show cause why an execution should not issue, and awarding a mandamus. .There is no irregularity apparent on face of the proceedings which would justify a reversal of these orders. The plaintiff having obtained a judgment, the validity of which is not questioned, was entitled to the fruits of it unless the county could show cause to the contrary.. The single reason assigned by the county in resisting the proceeding is that there was not any such opening of the road as is contemplated…
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