Thomas v. Northern Liberties
Supreme Court of Pennsylvania
Error from the Common Pleas of Philadelphia. April 3 — Scire facias on a municipal claim for $93,40, with interest from 1829, for curbing and paving in front of a lot of ground described as “ containing 47 feet in front.” On the trial before Kelly, J., the plaintiffs gave in evidence the claim filed, the admission of which constituted the first bill of exceptions.
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Error from the Common Pleas of Philadelphia. April 3 — Scire facias on a municipal claim for $93,40, with interest from 1829, for curbing and paving in front of a lot of ground described as “ containing 47 feet in front.” On the trial before Kelly, J., the plaintiffs gave in evidence the claim filed, the admission of which constituted the first bill of exceptions. The defendant offered to prove that his lot contained but 40 feet in front instead of 47 feet as described in the claim and scire facias, which was objected to and overruled by the court. • The rejection of this evidence formed the…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
Most of the errors assigned in this record, have been passed upon adversely to the plaintiffs in error, in Tilghman vs. Fisher, 9 Watts 442, Foulk vs. Brown, 2 Watts 215, Council vs. Moyamensing, 2 Barr. 225, Pray vs. Northern Liberties and Northern Liberties vs. St. John’s Church, the two last of which were determined during the present term. Accordingly, the argument was confined to three principal enquiries: to these only shall I deem it necessary to address any remark. The first of them is, whether the claim filed by the plaintiff below,…
2Cases cited3 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Tilghman v. FisherSupreme Court of Pennsylvania · 1840
- Ewing v. BarrasSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Township of Mt. Lebanon v. RobinsonSuperior Court of Pennsylvania · 1924
- Latrobe Borough v. AustrawSuperior Court of Pennsylvania · 1945
- Township of Lower Chichester v. RobertsSuperior Court of Pennsylvania · 1931
- Borough of Avonmore v. TaylorSuperior Court of Pennsylvania · 1925
- Yocum v. Citizens National Bank, Pennsylvania Court of Common Pleas, Mifflin County1937