Philadelphia v. Philadelphia
Supreme Court of Pennsylvania
Appeals, Nos. 329 and 330, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1908, No. 132, and 133, M. L. D., discharging rule for judgment for want of sufficient affidavit of defense in case of City of Philadelphia to use of- Mack Paving Company v. City of Philadelphia, Trustee of Estate of Stephen Girard. Sci. fa. on lien for paving.
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Appeals, Nos. 329 and 330, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1908, No. 132, and 133, M. L. D., discharging rule for judgment for want of sufficient affidavit of defense in case of City of Philadelphia to use of- Mack Paving Company v. City of Philadelphia, Trustee of Estate of Stephen Girard. Sci. fa. on lien for paving. Willson, P. J., filed the following opinion: The claims filed in these two cases by the city to the use of the Mack Paving Company are for the price of the paving on the north side of Porter street, between Seventeenth and…
1Opinion of the Court
Per Curiam,
We concur in the findings stated in the opinion of the learned president judge of the Common Pleas that the contract of the city with the Philadelphia Rapid Transit Company relieved the defendant, the Girard Estate, for whom it is trustee, from the obligation to pay for the street paving in front of its property and that the right of the use-plaintiff is no higher than that of the city, in whose right the claims were filed. ■
The orders discharging the rules for judgment are •affirmed.
2Cited by3 opinions
- Philadelphia v. SchollSuperior Court of Pennsylvania · 1917
- Borough v. RandallSupreme Court of Pennsylvania · 1920
- Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928