Philadelphia v. Merz
Superior Court of Pennsylvania
Appeal, No. 98, Oct. T., >1904, by-defendants, from judgment of C. P. No. 3, Pbila. Co., March Term, 1893, No. 115, M. L. D., on verdict for defendant in case of City of Philadelphia to use of John M. Mack v. John H. Merz and Ferree Brin ton and May Brinton. Scire facias sur municipal lien. Before McMichael, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiff'appealed.
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Appeal, No. 98, Oct. T., >1904, by-defendants, from judgment of C. P. No. 3, Pbila. Co., March Term, 1893, No. 115, M. L. D., on verdict for defendant in case of City of Philadelphia to use of John M. Mack v. John H. Merz and Ferree Brin ton and May Brinton. Scire facias sur municipal lien. Before McMichael, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiff'appealed. Error assigned was in directing verdict for defendants.
1Opinion of the Court
Opinion by
Orlady, J.,
We held in Philadelphia v. Wellens, 19 Pa. Superior Ct. 379, that the defendant in a municipal lien who availed himself of the right to discharge the lien by payment of money into court, under the act of February 21, 1862, P. L. 44, canceled the lien so far as the real estate was concerned and placed his money as a substitute for the lien in custodia legis, after which the only question was, who is entitled to the money ? The question involved in the present case, is practically, “ Is the claim one, that at the time the money was paid into court, could be sustained by the…
2Cases cited3 opinions
- Philadelphia v. CooperSupreme Court of Pennsylvania · 1905
- Philadelphia v. MerzSuperior Court of Pennsylvania · 1901
- Philadelphia v. WellensSuperior Court of Pennsylvania · 1902
3Cited by2 opinions
- Lea Augustin v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2018
- Philadelphia v. Sulzer's EstateSupreme Court of Pennsylvania · 1941