Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 19, Jan. T., 1908, by defendant, from order of C. P. No. 2, Phila. Co., June T., 1907, No. 376, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Vulcanite Paving Co. v. The Philadelphia Rapid Transit Company. Scire facias sur mechanic’s lien, filed by a subcontractor under the Act of June 4, 1901, P. L. 431. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 19, Jan. T., 1908, by defendant, from order of C. P. No. 2, Phila. Co., June T., 1907, No. 376, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Vulcanite Paving Co. v. The Philadelphia Rapid Transit Company. Scire facias sur mechanic’s lien, filed by a subcontractor under the Act of June 4, 1901, P. L. 431. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense denied the right of the plaintiff to file the lien involved in the suit. The court made absolute rule for judgment for want of a…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Prior to the act of 1901 there can be no question that it was the settled policy of the law, as expressed in the decisions of our courts and by statute, that the property of a public service corporation essential to the operation of its franchises, could not be seized and sold under an ordinary writ of fieri facias. Indeed, as far back as 1825, Chief Justice Tilghman, speaking for the court in Ammant v. Turnpike Road Company, 13 S. & R. *606210, held that such property was entirely exempt from levy and sale on execution. To avoid the harsh consequences of this rule…
2Cases cited8 opinions
- Commonwealth v. Susq. & Del. River R.Supreme Court of Pennsylvania · 1888
- Foster & Co. v. Fowler & Co.Supreme Court of Pennsylvania · 1869
- Susquehanna Canal Co. v. BonhamSupreme Court of Pennsylvania · 1845
- Guest v. Merion Water Co., Pennsylvania Court of Common Pleas, Montgomery County1891
- Turnpike Co. v. WallaceSupreme Court of Pennsylvania · 1839
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3Cited by17 opinions
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. ScottSupreme Court of Pennsylvania · 1938
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Redbird Engineering Sales, Inc. v. Bi-State Development AgencyMissouri Court of Appeals · 1991
- Sax v. School DistrictSupreme Court of Pennsylvania · 1912
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