Philadelphia City v. Dungan
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. Nos. 397, 398 January Term 1888, Sup. Ct.; court below, Nos. 47, 21 December Term 1883, C. P. No. 3. To the numbers and term of the court below indicated, the city of Philadelphia filed municipal claims for liens, both of the form following: City oe Philadelphia v. Craven & Son, owners or reputed owners, or whoever may be owner. No. 47. December Term, 1883. Samuel H. Dungan, registered owner.
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ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. Nos. 397, 398 January Term 1888, Sup. Ct.; court below, Nos. 47, 21 December Term 1883, C. P. No. 3. To the numbers and term of the court below indicated, the city of Philadelphia filed municipal claims for liens, both of the form following: City oe Philadelphia v. Craven & Son, owners or reputed owners, or whoever may be owner. No. 47. December Term, 1883. Samuel H. Dungan, registered owner. Whereas, the board of health of the city of Philadelphia have removed a nuisance from a lot of ground, situate on the east side of…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
There was a writ of error and an appeal in each of these cases. We are asked to quash the writ of error upon the ground that the plaintiff is not entitled to both remedies. *56The reason, is good; the error is in its application. The writ of error is the appropriate remedy: the appeal was improvidently taken and will be quashed.
The claim was filed by the board of health for the cost of abating a nuisance. It designates Craven & Son as owners or reputed owners, and Samuel H. Dungan as registered owner. In the body of the claim it is averred that due notice was…
2Cases cited3 opinions
- Simons v. KernSupreme Court of Pennsylvania · 1880
- Ferguson v. QuinnSupreme Court of Pennsylvania · 1889
- Gans v. City of PhiladelphiaSupreme Court of Pennsylvania · 1883
3Cited by9 opinions
- Pittsburg v. BiggertSuperior Court of Pennsylvania · 1903
- Philadelphia v. StevensonSupreme Court of Pennsylvania · 1890
- Philadelphia, to Use v. BlackSuperior Court of Pennsylvania · 1935
- Philadelphia v. L. Tanner & Co.Superior Court of Pennsylvania · 1942
- Philadelphia v. NellSuperior Court of Pennsylvania · 1904
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