Legal Opinion

O'Byrne v. City of Philadelphia

Supreme Court of Pennsylvania

Decided February 20, 1880PublishedCited by 1 opinion

Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of July Term 1878, No. 76. Claim for taxes by the City of Philadelphia against J. O’Byrne, owner, and Emeline O’Byrne, registered owner. The facts are sufficiently stated in the opinion of this court.

1Opinion of the CourtJustice Mercur

This was a scire facias on a municipal lien filed for taxes due the-city. The Act of 11th March 1846, requires such writs to be served “by posting a true and attested copy of the writ on a conspicuous part of the premises therein described, and by publishing a brief notice thereof in a daily newspaper in said county twice a week for two weeks before the return-day.” The writ issued 19th of January 1878. The entry on the docket shows it was returnable on the first Monday of February; but there was an omission to insert any return-day in the writ. The sheriff made return to the writ.: “Made…

2Cited by1 opinion

  1. Scranton v. ManleySuperior Court of Pennsylvania · 1900

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