Legal Opinion

Franklin v. Hancock

Superior Court of Pennsylvania

Decided October 28, 1901No. Appeal, No. 130PublishedCited by 10 opinions

Appeal, No. 130, April T., 1901, by plaintiff, from judgment of C. P. Venango Co., Aug. T., 1900, No. 9, on verdict for plaintiff non obstante veredicto. Assumpsit to recover assessments for paving under the Act of May 18, 1871, P. L. 896. Before Criswell, P. J. The jury returned the following verdict: And now, December 11, 1900, this cause came on to be heard, whereupon called and came W. F. Kelléy, R. S. Hazlett, Hugh Gallagher, Peter Berry, John Deegan, Wm.

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Appeal, No. 130, April T., 1901, by plaintiff, from judgment of C. P. Venango Co., Aug. T., 1900, No. 9, on verdict for plaintiff non obstante veredicto. Assumpsit to recover assessments for paving under the Act of May 18, 1871, P. L. 896. Before Criswell, P. J. The jury returned the following verdict: And now, December 11, 1900, this cause came on to be heard, whereupon called and came W. F. Kelléy, R. S. Hazlett, Hugh Gallagher, Peter Berry, John Deegan, Wm. Robertson, Harvey Bell, M. O. Kerr, James Osborne, George B. Nurss, John Pryer and Wm. Cotter, twelve good and lawful men duly elected…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The city of Franklin brought an action of assumpsit to recover from the defendant the amount of an assessment for the paving of Elk street and recovered a verdict, subject to the opinion of the court on a question of law reserved. • The question was reserved in this form: “ If the court should be of the opinion that there is any evidence on which to rest thi? verdict, then judgment to be entered upon the verdict. Otherwise judgment to be entered for the defendant non obstante veredicto.” The form of the reservation was not excepted to, and the substance thereof only…

2Cases cited14 opinions

  1. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  2. McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
  3. Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
  4. Chunk v. McGeeSupreme Court of Pennsylvania · 1876
  5. City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897

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

3Cited by10 opinions

  1. Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
  2. Minich v. Sharon CitySupreme Court of Pennsylvania · 1951
  3. Philadelphia v. DeArmondSuperior Court of Pennsylvania · 1916
  4. Christley v. Butler CountySuperior Court of Pennsylvania · 1908
  5. City of Allentown v. WagnerSuperior Court of Pennsylvania · 1905

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

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