Marlin v. Indiana Borough
Superior Court of Pennsylvania
Appeal, No. 160, April T., 1915, by defendant, from order of Q. S. Indiana Co., June Sessions, 1907, No. 16, awarding mandamus in case of R. T. Marlin, Administrator d. b. n. of the Estate of Mary Ann Reed v. Indiana Borough. Petition for mandamus. Before Telford, P. J. The opinion of the Superior Court states the case. Error assigned was order awarding mandamus.-
1Opinion of the Court
Opinion by
Porter, J.,
This is an appeal from the order of the court below awarding a peremptory mandamus, for the collection *520from the defendant borough of the damages awarded by a board of viewers, for the opening of a street through the lands of the decedent. The appellant thus states the questions involved: “1 — Whether there is anything in the report of viewers or in the confirmation thereof by the court to sustain the mandamus.” “2 — Whether writ of mandamus execution can issue when there is no judgment of record.” And “3 — Whether the dismissal of the petition of July 1, 1907, and entry…
2Cases cited4 opinions
- Township of North Whitehall v. KellerSupreme Court of Pennsylvania · 1882
- In re Sedgeley AvenueSupreme Court of Pennsylvania · 1879
- Moravian Seminary v. Bethlehem BoroughSupreme Court of Pennsylvania · 1893
- Sedden v. McBrideSupreme Court of Pennsylvania · 1904
3Cited by4 opinions
- Opening of ParkwaySupreme Court of Pennsylvania · 1920
- Schlosberg v. City of New CastleSuperior Court of Pennsylvania · 1930
- Weaverling v. SmithSuperior Court of Pennsylvania · 1956
- Borough of Wind Gap v. Teamsters Local 773 of International Brotherhood of TeamstersSupreme Court of Pennsylvania · 2002