Orthodox Street
Supreme Court of Pennsylvania
Appeal, No. 196, Jan. T., 1895, by city of Philadelphia, from order of C. P. No. 8, Phila. Co., June T., 1894, No. 791, dismissing exceptions to report of viewers. Petition for appointment of viewers to assess damages for the change of grade of Orthodox street.
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Appeal, No. 196, Jan. T., 1895, by city of Philadelphia, from order of C. P. No. 8, Phila. Co., June T., 1894, No. 791, dismissing exceptions to report of viewers. Petition for appointment of viewers to assess damages for the change of grade of Orthodox street. The report of the viewers was in part as follows: “11. A petition was presented to the court of common pleas No. 4, as of September term, 1891, No. 766, by an owner of property abutting on Orthodox street, for the appointment of viewers under the act of May 16, 1891, P. L. 75, to assess the damages suffered by the said change of grade…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The report of the viewers in this case affirmatively shows that in the former petition, common pleas No. 4, September term, 1891, No. 766, it was a part of the order of the court that ten days’ notice of the meeting of the viewers should be given, “ by personal notice to the registered owners and occupants.” The report also shows that “ none of the parties who are claimants before this jury in the present proceeding were personally served with notice in the said proceedings as to September Term, 1891, No. 766.” It seems therefore that the present petitioners had no…
2Cited by2 opinions
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