Philadelphia v. Schofield
Supreme Court of Pennsylvania
Appeal, No. 228, July T., 1894, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1893, No. 39, for defendant, on case stated.
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Appeal, No. 228, July T., 1894, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1893, No. 39, for defendant, on case stated. This was a case stated, agreeing upon the following facts: “ The city of Philadelphia, plaintiff, on April 16, 1883, filed its claim against all that certain lot or piece of ground situate on the northerly corner of Mercer and Clearfield streets, in the Twenty-fifth ward of the city of Philadelphia; containing in front on said Mercer street one hundred and eleven feet six inches, and extending in depth northwesterly of that width, parallel with and…
1Opinion of the Court
Opinion by
Me. Justice McCollum,
The city filed its claim on the 16th of April, 1883, and an agreement for an amicable scire facias thereon was entered on the 24th of March, 1886. An affidavit of defence to the claim *392was filed on the 9th of April, 1886, and in September following a plea, a rule to reply, a demurrer and a joinder in demurrer were filed. The demurrer was sustained on the 17th of December, 1890, judgment in favor of the plaintiff was entered the next day and the damages were assessed at 1116.13. A rule to show cause why the judgment should not be stricken from the record was taken…
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