Thompson v. DeLong
Superior Court of Pennsylvania
Appeal, No. 194, Oct. T., 1919, by defendant, from final decree of C. P. No. 1, Philadelphia Co., December T., 1916, No. 3917, in the case of W. Austin Thompson v. John W. DeLong, deceased, J. Wayne DeLong, Administrator c. t. a., substituted of record. Petition and rule for leave to pay into court for proper distribution to lien creditors, the amount of judgment, interest and costs, recovered in a prior suit between the parties.
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Appeal, No. 194, Oct. T., 1919, by defendant, from final decree of C. P. No. 1, Philadelphia Co., December T., 1916, No. 3917, in the case of W. Austin Thompson v. John W. DeLong, deceased, J. Wayne DeLong, Administrator c. t. a., substituted of record. Petition and rule for leave to pay into court for proper distribution to lien creditors, the amount of judgment, interest and costs, recovered in a prior suit between the parties. The opinion of the Superior Court states the case. The court discharged the rule. Defendant appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Keller, J.,
This proceeding grew out of an action in trespass between the same parties reported in 71 Pa. Superior Ct. 282. The action was brought by the plaintiff to recover damages for. an alleged encroachment on his land by the defendant in the erection of a garage. The plaintiff’s statement averred a permanent trespass and resulting permanent injury to his property, and the case was tried in the court below on that theory, resulting in a verdict for the plaintiff of $825. On appeal to this court the judgment was affirmed. It happened that the plaintiff’s property was encumbered…
2Cases cited7 opinions
- Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
- Phila. & Reading R. R. v. Penna. Schuylkill Valley R. R.Supreme Court of Pennsylvania · 1892
- City of Philadelphia v. DyerSupreme Court of Pennsylvania · 1862
- Hankey v. Philadelphia Co.Superior Court of Pennsylvania · 1897
- Linton v. Armstrong Water Co.Superior Court of Pennsylvania · 1905
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3Cited by1 opinion
- Soifer Et Ux. v. Stein Et Ux.Superior Court of Pennsylvania · 1930