City of Philadelphia v. Miskey
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: To January Term 1870, No. 271. This was a writ of error by the City of Philadelphia to the judgment of the court below in Miskey v. Philadelphia, immediately preceding; it was argued with that case.
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Error to the District Court of Philadelphia: To January Term 1870, No. 271. This was a writ of error by the City of Philadelphia to the judgment of the court below in Miskey v. Philadelphia, immediately preceding; it was argued with that case. It was, tried in the court below, October 21st 1869. On the trial the plaintiff offered in evidence the record of the Court of Quarter Sessions of the report of the commissioners and the confirmation of the report; also the petition of the plaintiff to the same court, praying the court to decree the payment of interest on the sum agreed on with the…
1Opinion of the Court
The opinion of the court was delivered,
by SharsWOOD, J.
The judgments just entered in Haley v. The City, and Miskey v. The City, have settled the two principal points of contention in this cause. 1st. That in proceedings under the Act of April 14th 1868, Pamph. L. 1083, interest is payable to the owner of land appropriated for the purpose of the Fair-mount Park, upon the valuation agreed upon between him and the commissioners from the date of its confirmation by the Court of Quarter Sessions. 2d. That the 9th section of the Act of April 21st 1869, Pamph. L. 1194, declaring “ that no interest…
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