Wolf & Schoening v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Philadelphia county: of January Term 1883, No. 209. Scire facias sur municipal claim, by the city of Philadelphia against William Wolf for $60, being an assessment for building a sewer against property situate on the north side of Fourth street in the city of Philadelphia. By writing filed the same day the writ was issued Jacob Schoening was suggested as the -“actual and present owner” of the premises.
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Error to the Court of Common Pleas No. 1 of Philadelphia county: of January Term 1883, No. 209. Scire facias sur municipal claim, by the city of Philadelphia against William Wolf for $60, being an assessment for building a sewer against property situate on the north side of Fourth street in the city of Philadelphia. By writing filed the same day the writ was issued Jacob Schoening was suggested as the -“actual and present owner” of the premises. On the trial the following facts appeared: Jacob Schoening, one of the defendants, was the owner of property numbered 849 and 851 North Fourth…
1Opinion of the CourtJustice Clark
The city of Philadelphia in the year 1875 built a sewer on that part of North Fourth street between Brown and Beaver. The contractor was Joseph Conklin,- who agreed to accept from the city assessment bills, endorsed by the Commissioner of Highways, as cash paid upon the contract; which bills he agreed to collect at his own cost, without recourse to the city in any event. The contractor had the right to use the name *29of the city and to employ all remedies or proceedings, whether of lien or otherwise, to which the city was competent, in their collection.
Schoening was at the time the owner of the…
2Cases cited1 opinion
- Jones v. PattersonSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- McGahen v. General Electric Co.Supreme Court of Pennsylvania · 1962
- Frick v. ShimerSuperior Court of Pennsylvania · 1904
- Spittall v. AlleeSuperior Court of Pennsylvania · 1914
- Pittsburg v. MageeSuperior Court of Pennsylvania · 1900