Legal Opinion

Commonwealth v. Alburger

Supreme Court of Pennsylvania

Decided April 28, 1836PublishedCited by 42 opinions

In the Mayor’s Court of the Gity of Philadelphia, at June Sessions, 1834, an indictment was found against John Alburger, William Bruner, and thirteen others, for a nuisance in the erection of a certain fence and wooden building upon a part of the north-eastern public square in the city of Philadelphia, called the Franklin Square.

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In the Mayor’s Court of the Gity of Philadelphia, at June Sessions, 1834, an indictment was found against John Alburger, William Bruner, and thirteen others, for a nuisance in the erection of a certain fence and wooden building upon a part of the north-eastern public square in the city of Philadelphia, called the Franklin Square. This indictment having been removed by certiorari, into this Court, the cause came on for trial at a Court of Nisi Prius, held by the Chief Justice, in the city of Philadelphia, on the 14th of March, 1836. It was alleged on the part of the Commonwealth, that the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This is substantially a question as to the right of property in a portion of one of the public squares of this city, and has been discussed with a learning and ability proportioned to its importance. The right it involves, is of a peculiar kind, and for its determination, requires an investigation into the origin and early history of the city, as well as a notice of several later transactions of the proprietaries, the commonwealth who succeeded to their rights, the city corporation, and the defendants or their predecessors.

It appears that…

2Cases cited4 opinions

  1. Morris's Lessee v. VanderenSupreme Court of the United States · 1782
  2. Commonwealth v. PassmoreSupreme Court of Pennsylvania · 1814
  3. Lessee of Shields v. BuchannanSupreme Court of Pennsylvania · 1797
  4. Hurst v. DippoSupreme Court of the United States · 1773

3Cited by42 opinions

  1. Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
  2. Buntin v. City of DanvilleSupreme Court of Virginia · 1896
  3. Burbank v. . FayNew York Court of Appeals · 1875
  4. Warren v. MayorSupreme Court of Iowa · 1867
  5. Hoadley v. City & County of San FranciscoCalifornia Supreme Court · 1875

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