Legal Opinion

Philadelphia v. Steward

Superior Court of Pennsylvania

Decided May 14, 1906No. Appeal, No. 264PublishedCited by 5 opinions

Appeal, No. 264, Oct. T., 1904, by plaintiff, from order of C. P. No.l, Phila. Co., March T., 1893, No. 106, M. L. D., making absolute rule to strike off scire facias in case of city of Philadelphia v. Steward, owner, etc., and John Cadwalader, registered owner. Rule to strike off scire facias. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Rice, P. J.,

The proceedings brought up for review upon this appeal were as-follows : April 13,1893, municipal claim filed; April 9, 1898, affidavit of service of notice filed and scire facias issued, which was returned, made known to the registered owner and nihil habet as to the owner or reputed owner named in the claim; May 18, 1898, affidavit of defense filed by the former; February 9, 1903, scire facias to revive claim, etc., returned nihil habet; November 24, 1903, rule to show cause why the scire facias should not be quashed and the claim struck off; December 9, 1903, rule…

2Cases cited6 opinions

  1. City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
  2. Wilkinsburg Bor. v. Home for Aged WomenSupreme Court of Pennsylvania · 1890
  3. Philadelphia v. Pennsylvania HospitalSupreme Court of Pennsylvania · 1891
  4. Philadelphia v. WeaverSuperior Court of Pennsylvania · 1900
  5. Pittsburg v. BiggertSuperior Court of Pennsylvania · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Philadelphia v. PetersSuperior Court of Pennsylvania · 1914
  2. Boro of Berwick v. Smethers Et Ux.Superior Court of Pennsylvania · 1932
  3. Hamilton Twp. v. Hensco, Ltd.Commonwealth Court of Pennsylvania · 2014
  4. Municipality of Norristown v. JAR Investments, Inc.Commonwealth Court of Pennsylvania · 2020
  5. Philadelphia v. PetersSuperior Court of Pennsylvania · 1914

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