Philadelphia v. Bilyeu
Superior Court of Pennsylvania
Appeal, No. 161, Oct. T., 1907, by-defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1900, No. 422, M. L. D., on verdict for plaintiff in case of city of Philadelphia to use of Pennsylvania Asphalt Paving Company v. George A. Bilyeu. Scire facias sur municipal lien for paving. Before Sulzberger, P. J. At the trial the trial court gave a full charge, ending with a direction to find for the defendant.
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Appeal, No. 161, Oct. T., 1907, by-defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1900, No. 422, M. L. D., on verdict for plaintiff in case of city of Philadelphia to use of Pennsylvania Asphalt Paving Company v. George A. Bilyeu. Scire facias sur municipal lien for paving. Before Sulzberger, P. J. At the trial the trial court gave a full charge, ending with a direction to find for the defendant. Plaintiff’s counsel thereupon appealed to the conscience of the court to reverse the direction upon the ground that if the appellate court should reverse, the plaintiff could .get no…
1Opinion of the Court
Opinion bt
Rice, P. J.,
This was a scire facias upon a municipal claim for paving the cartway of the street upon which the defendant’s premises abut. The defendant pleaded non assumpsit, payment with leave, etc., with notice that he would offer evidence of the special matter set forth in the affidavit of defense. Verdict having been rendered for the plaintiff, the defendant moved for judgment in his favor non obstante veredicto. This motion was dismissed and judgment was entered in accordance with the verdict, whereupon the defendant took this appeal. The only matters assigned as errors are,…
2Cases cited25 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Erie City v. ButlerSupreme Court of Pennsylvania · 1888
- Miller v. HersheySupreme Court of Pennsylvania · 1868
- City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880
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3Cited by8 opinions
- Haley v. American Agricultural Chemical Co.Supreme Court of Pennsylvania · 1909
- International Savings & Trust Co. v. PrintzSuperior Court of Pennsylvania · 1908
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1911
- Butler Boro. School District v. Penn Township School DistrictSuperior Court of Pennsylvania · 1916
- Young v. United States Housing Corp.Superior Court of Pennsylvania · 1925
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