Legal Opinion

Philadelphia v. Gouss

Superior Court of Pennsylvania

Decided April 20, 1914No. Appeal, No. 119PublishedCited by 1 opinion

Appeal, No. 119, Oct. T., 1913, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 6,328, M. L. D., refusing to strike off municipal claim in case of Philadelphia v. G. W. Gouss, George W. Gouss, Owner. Rule to strike off municipal claim.

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Appeal, No. 119, Oct. T., 1913, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 6,328, M. L. D., refusing to strike off municipal claim in case of Philadelphia v. G. W. Gouss, George W. Gouss, Owner. Rule to strike off municipal claim. The municipal claim was as follows: “Whereas, the board of health of the.city of Philadelphia have, by due proceedings, removed and abated a nuisance which they found to exist upon a lot of ground situate on the Southwardly side of Tryon Street at the distance of one hundred (100) feet Westwardly from the westwardly side of Twenty-first…

1Opinion of the Court

Opinion by

Porter, J.,

The board of health of the city of Philadelphia having, by regular proceedings, removed and abated a nuisance which they found to exist upon a lot of ground on the south side of Tryon street filed a lien for the amount of the expense of the work against the lot and the appellant, the registered owner thereof. A scire facias was issued upon this claim, which was returned in due form as served upon the only person in possession of the property, and by advertising as required by law, and nihil habet as to the defendant. Judgment was *499entered in this proceeding, on January 24,…

2Cases cited5 opinions

  1. Smith v. Kingston BoroughSupreme Court of Pennsylvania · 1888
  2. Philadelphia City v. DunganSupreme Court of Pennsylvania · 1889
  3. Kennedy v. Board of HealthSupreme Court of Pennsylvania · 1845
  4. Black v. RoebuckSuperior Court of Pennsylvania · 1901
  5. City of Philadelphia v. Gratz Land Co.Supreme Court of Pennsylvania · 1861

3Cited by1 opinion

  1. Philadelphia v. PetersSuperior Court of Pennsylvania · 1923

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