Legal Opinion

Dick v. Philadelphia

Supreme Court of Pennsylvania

Decided January 7, 1901No. Appeal, No. 53PublishedCited by 11 opinions

Appeal, No. 53, Jan. T., 1900, by plaintiff, from decree of C. P. No. 4, Phila. Co., sustaining exceptions to referee’s report in equity in case of John Dick et al. v. Philadelphia. Bill in equity for an injunction. Before Arnold, P. J. The bill in this case was filed by certain owners of property on Woodland avenue, Philadelphia, to restrain the city of Philadelphia from issuing writs of scire facias on municipal claims for paving.

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Appeal, No. 53, Jan. T., 1900, by plaintiff, from decree of C. P. No. 4, Phila. Co., sustaining exceptions to referee’s report in equity in case of John Dick et al. v. Philadelphia. Bill in equity for an injunction. Before Arnold, P. J. The bill in this case was filed by certain owners of property on Woodland avenue, Philadelphia, to restrain the city of Philadelphia from issuing writs of scire facias on municipal claims for paving. It appeared that under certain ordinances passed in 1894 and 1895, Woodland avenue had been paved ■ with vitrified brick. The plaintiffs claimed that this was not…

1Opinion of the Court

Opinion by

Mr. Chinn Justice McCollum,

This is an appeal from the decree of the court below dismissing plaintiffs’ exceptions to the report of a referee in equity proceedings instituted to enjoin the collection of municipal liens for paving, sustaining defendant’s exceptions on the question of original paving and dismissing the bill without prejudice to the right of plaintiffs to defend on the question whether the claims were filed in time. The assignments of error are inaccurate in asserting that defendant’s exceptions on the question that the claims were filed in time were sustained. The…

2Cases cited2 opinions

  1. Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
  2. Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886

3Cited by11 opinions

  1. Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
  2. Harrisburg v. FunkSupreme Court of Pennsylvania · 1901
  3. Pottsville v. JonesSuperior Court of Pennsylvania · 1916
  4. Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926
  5. Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928

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