Susquehanna Canal Co. v. Bonham
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. Samuel C. Bonham, Esq., against The Susquehanna Cana! Company. The plaintiff upon an award obtained against the defendant issued an execution and levied upon a house and lot upon which an inquisition was held and it was condemned. A venditioni exponas was issued to sell the same.
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ERROR to the Common Pleas of York county. Samuel C. Bonham, Esq., against The Susquehanna Cana! Company. The plaintiff upon an award obtained against the defendant issued an execution and levied upon a house and lot upon which an inquisition was held and it was condemned. A venditioni exponas was issued to sell the same. The defendant obtained a rule to show cause why the execution and levy should not be set. aside on the grounds: 1st, That no judgment had been entered upon the award; and 2d, That the property levied, being the toll-house of the defendant, was not the subject of levy and…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The spirit of the decision in Ammant v. New Alexandria and Pittsburgh Transportation Company, (13 Serg. & Rawle 210), seems to be, that privileges granted to corporations to construct turnpike roads, canals, &c., are conferred with a view to the public use and accommodation, and that they cannot voluntarily deprive themselves of the lands and real estate and franchises which are necessary for that purpose; nor can they be taken from them by execution and sold by a creditor, because to permit it would tend to defeat the whole object of the…
2Cases cited1 opinion
- Ammant v. President of the New Alexandria & Pittsburg Turnpike RoadSupreme Court of Pennsylvania · 1825
3Cited by18 opinions
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Yellow River Improvement Co. v. Wood CountyWisconsin Supreme Court · 1892
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1908
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