Lehigh & New England Railroad v. Hanhauser
Supreme Court of Pennsylvania
Appeal, No. 46, Jan. T., 1908, by plaintiff, from decree of C. P. Northampton Co., Sept. T., 1907, No. 2, dismissing bill in equity in case of The Lehigh & New England Railroad Company v. George Hanhauser, Administrator of the Estate of James Clarke, deceased, and William C. Mayne. Bill in equity to quiet title and for an injunction.
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Appeal, No. 46, Jan. T., 1908, by plaintiff, from decree of C. P. Northampton Co., Sept. T., 1907, No. 2, dismissing bill in equity in case of The Lehigh & New England Railroad Company v. George Hanhauser, Administrator of the Estate of James Clarke, deceased, and William C. Mayne. Bill in equity to quiet title and for an injunction. Before Stewart, J. In addition to the facts stated in the opinion of the Supreme Court, it appeared that the judgment referred to in the bill was a contractor’s judgment, and that the various writs of scire facias to bring in other railroad companies as…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
If the appellant be entitled to the relief prayed for in its bill, the court below was not the place to go for it. On March 22, 1887, James Clarke recovered a judgment in the court of common pleas No. 3 of Philadelphia county against the Penn*250sylvania & New England Railroad Company. Upon this judgment various writs of scire facias were issued from time to time, and on October 24, 1906, judgment was entered against the original defendant and certain railroad companies summoned as terre-tenants for $96,922.42. The appellant, as the successor of these terre-tenants,…
2Cases cited7 opinions
- Schmaltz v. York Manufacturing Co.Supreme Court of Pennsylvania · 1902
- Doyle v. Commonwealth ex rel. DavisSupreme Court of Pennsylvania · 1884
- King v. NimickSupreme Court of Pennsylvania · 1859
- Clad v. PaistSupreme Court of Pennsylvania · 1897
- Kendall v. McClure Coke Co.Supreme Court of Pennsylvania · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
- Williams v. Van KempSupreme Court of Pennsylvania · 1952
- Selden v. JacksonSupreme Court of Pennsylvania · 1961
- Lackawanna Thrift & Loan Corp. v. Dunn, Pennsylvania Court of Common Pleas, Lackawanna County1948
3 more not listed; retrieve them via the Exa API.