Legal Opinion

Philadelphia v. Cooper

Superior Court of Pennsylvania

Decided January 17, 1905No. Appeal, No. 76PublishedCited by 6 opinions

Appeal, No. 76, Oct. T., 1904, by plaintiff, from order of C. P. No. 4, Phila. Co., June T., 1895, No. 131, M. L. D., making absolute rule to quash alias sci. fa., and strike off municipal lien in case of City of Philadelphia to use of The Vulcanite Paving Company, Contractor v. Sarah A. Cooper, Owner, etc., William H. Haines, Actual and Registered Owner and Frank Mauran, Present Registered and Real Owner. The facts appear by the opinion of the Superior Court.

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Appeal, No. 76, Oct. T., 1904, by plaintiff, from order of C. P. No. 4, Phila. Co., June T., 1895, No. 131, M. L. D., making absolute rule to quash alias sci. fa., and strike off municipal lien in case of City of Philadelphia to use of The Vulcanite Paving Company, Contractor v. Sarah A. Cooper, Owner, etc., William H. Haines, Actual and Registered Owner and Frank Mauran, Present Registered and Real Owner. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Oblady, J.,

A municipal improvement claim was filed on August 9, 1895, against Sarah A. Cooper, owner or reputed owner. On July 18, 1900, a suggestion was filed of record that William H. Haines was the registered and real owner, with proof of personal service of a notice on Haines, that the claim had been filed and that Haines had a known residence in the city. On July 18, 1900, a scire facias sur claim was issued against Sarah Cooper and Haines, which was returned by the sheriff, nihil habet. On October 1, 1903, Frank Mauran was suggested of record as the then registered and real…

2Cases cited18 opinions

  1. Tryon v. MunsonSupreme Court of Pennsylvania · 1875
  2. Hartman v. OgbornSupreme Court of Pennsylvania · 1867
  3. Davidson v. ThorntonSupreme Court of Pennsylvania · 1847
  4. Kennedy v. BakerSupreme Court of Pennsylvania · 1893
  5. Wistar v. City of PhiladelphiaSupreme Court of Pennsylvania · 1878

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3Cited by6 opinions

  1. Dickson City Borough v. SenkoskySuperior Court of Pennsylvania · 1948
  2. Borough of Avalon v. Shafer, Exrx.Superior Court of Pennsylvania · 1930
  3. City of Philadelphia v. Brummer, Pennsylvania Court of Common Pleas, Philadelphia County1945
  4. Andreas v. Paul, Pennsylvania Court of Common Pleas, Lehigh County1937
  5. Lohr Estate, Pennsylvania Court of Common Pleas, Somerset County1977

1 more not listed; retrieve them via the Exa API.

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