McGibbeny v. Jefferson Gas Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 150 October Term 1890, Sup. Ct.; court below, No. 136 July Term 1890, E. D., sur No. 474 April Term 1889, A. D. C. P. No. 1. On July 5, 1890, the Jefferson Gas Company presented its petition, setting forth that it was a corporation organized under the act of May 29, 1885, P. L. 29, for the purpose of supplying natural gas to the public; that the petitioner had entered upon the land of James…
Read the full summary
APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 150 October Term 1890, Sup. Ct.; court below, No. 136 July Term 1890, E. D., sur No. 474 April Term 1889, A. D. C. P. No. 1. On July 5, 1890, the Jefferson Gas Company presented its petition, setting forth that it was a corporation organized under the act of May 29, 1885, P. L. 29, for the purpose of supplying natural gas to the public; that the petitioner had entered upon the land of James MeGibbeny, in Baldwin township, and occupied a strip through it as a right of way for its-pipe line; that upon the petition…
1Opinion of the Court
Pee. Ctjeiam:
This was an appeal from the order of the court below refusing to stay an execution for costs. A jury had been appointed to assess damages for land taken by the defendant company by virtue of the right of eminent domain. The jury made an award, which was appealed from, and a trial had in the Common Pleas. The defendant paid the award, but refused to pay the costs; whereupon the plaintiff issued an ex-*195eeution therefor, which the court refused to stay. It was alleged that, as no costs are given by statute, none can be recovered.
It was practically conceded upon the argument at bar…
2Cited by3 opinions
- Adams v. Oregon State PoliceOregon Supreme Court · 1980
- Ram Technical Services, Inc. v. KoreskoCourt of Appeals of Oregon · 2011
- City of Philadelphia v. KellySuperior Court of Pennsylvania · 1923