Moravian Seminary v. Bethlehem Borough
Supreme Court of Pennsylvania
Appeal, No. 331, Jan. T., 1893, by plaintiff, from order of C. P. Northampton Co., June T., 1891, No'. 26, discontinuing condemnation proceedings. Appeal from report of viewers condemning land for street. Petition for mandamus execution. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 331, Jan. T., 1893, by plaintiff, from order of C. P. Northampton Co., June T., 1891, No'. 26, discontinuing condemnation proceedings. Appeal from report of viewers condemning land for street. Petition for mandamus execution. The facts appear by the opinion of the Supreme Court. Errors assigned were, (1) in discontinuing condemnation proceedings ; (2) without requiring defendant to pay plaintiff’s costs and expenses; (3) in refusing to award mandamus execution ; (4)- in refusing to amend decree so as to include plaintiff’s costs and expenses, asked for the additional reason that…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This appeal by the Moravian Seminary is from decrees of the court below permitting the borough defendant to discontinue condemnation proceedings, and refusing to award a mandamus execution against said defendant, etc.
In October, 1889, the borough passed an ordinance providing for extension of Main street through the seminary grounds. After viewers were appointed to assess damages for the land taken, etc., the proceedings were quashed, for irregularities therein, and the ordinance was repealed. In July, 1890, a new ordinance, for same purpose, was passed,…
2Cases cited1 opinion
- Myers v. Borough of South BethlehemSupreme Court of Pennsylvania · 1892
3Cited by16 opinions
- Moore v. QuigleySupreme Court of Pennsylvania · 1961
- Reinbold v. CommonwealthSupreme Court of Pennsylvania · 1935
- Schmitt v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
- Goodman Et Ux. v. City of BethlehemSupreme Court of Pennsylvania · 1936
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