Philadelphia v. Peters
Superior Court of Pennsylvania
Appeal, No. 14, Oct. T., 1901, by defendant, from judgment of O. P. No. 1, Phila. Co., June T., 1896, No. 168, M. L. D., on verdict for plaintiff in case of Philadelphia to use of John Donnelly and Frederick T. Buckius trading as John Donnelly & Company, v. Estate of Margaret A. Peters, Deceased. Scire facias sur municipal lien.
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Appeal, No. 14, Oct. T., 1901, by defendant, from judgment of O. P. No. 1, Phila. Co., June T., 1896, No. 168, M. L. D., on verdict for plaintiff in case of Philadelphia to use of John Donnelly and Frederick T. Buckius trading as John Donnelly & Company, v. Estate of Margaret A. Peters, Deceased. Scire facias sur municipal lien. The verdict of the jury was for the plaintiffs by direction of the court, reserving the following point: Does the deed of dedication, as recited in the conveyance of Peters to Barber, taken in conjunction with all the evidence, estop the defendants from asserting that…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This is a scire facias upon a municipal lien for laying a sewer in Dyer street, in front of the property of the defendants. At the trial in the court below the defense was based entirely upon the allegation that the sewer was laid through private property and not in a public highway. The court instructed the jury to find for the plaintiffs, reserving the following question: “ Does the deed of dedication, as recited in the conveyance of Peters to Barber, taken in conjunction with all the evidence, estop the defendants from asserting that the portion of the bed of…
2Cases cited4 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Richardson v. ClementsSupreme Court of Pennsylvania · 1879
- In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
- Phila. v. Thomas's HeirsSupreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Philadelphia v. PetersSuperior Court of Pennsylvania · 1916