Common'th v. Philadelphia
Supreme Court of Pennsylvania
APPEAL BY RELATORS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 34 January Term 1890, Sup. Ct; court below, No. 373½ December Term 1888, C. P. No. 4. On December 4, 1888, the trustees of the Roman Catholic High School filed a petition for a mandamus against the city of Philadelphia and Louis Wagner, Director of Public Works.
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APPEAL BY RELATORS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 34 January Term 1890, Sup. Ct; court below, No. 373½ December Term 1888, C. P. No. 4. On December 4, 1888, the trustees of the Roman Catholic High School filed a petition for a mandamus against the city of Philadelphia and Louis Wagner, Director of Public Works. The respondents filed an answer, to which the plaintiffs demurred ; and on May, 1889, after argument, judgment on the demurrer was entered for the defendants, opinion by Thayer, P. J.: The petitioners set forth that they are owners of a lot of ground,…
1Per curiam
This case is ruled by Girard Life Ins. Co. v. Philadelphia, 88 Pa. 893. An attempt was made by the learned counsel for the plaintiffs to distinguish that case from this, but he has failed to satisfy us that there is any essential difference. Nor need we discuss the effect of the statute of limitations, or the presumption of payment of the gas bills in question arising from the lapse of twenty years, as some of the delinquent bills are within six years. The case has been so well discussed by the learned and able president of the court below that we need not add anything to what he has said.
Judg…
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