Legal Opinion

Osterheldt v. Philadelphia

Supreme Court of Pennsylvania

Decided March 26, 1900No. Appeal, No. 243PublishedCited by 18 opinions

Appeal, No. 243, Jan. T., 1899, by defendant, the city of Philadelphia, from order of C. P. No. 3, Phila. Co., Sept. T., 1890, No. 589, dismissing exceptions to report of referee. Appeal from jury of view. Exceptions to report of referee, Hampton L. Carson, Esq. From the referee’s findings of fact it appeared that on April 30, 1849, Richard Peters conveyed a lot of ground to Frederick Osterheldt.

Read the full summary

Appeal, No. 243, Jan. T., 1899, by defendant, the city of Philadelphia, from order of C. P. No. 3, Phila. Co., Sept. T., 1890, No. 589, dismissing exceptions to report of referee. Appeal from jury of view. Exceptions to report of referee, Hampton L. Carson, Esq. From the referee’s findings of fact it appeared that on April 30, 1849, Richard Peters conveyed a lot of ground to Frederick Osterheldt. Prior to this deed Peters had laid out a tract of land of which the Osterheldt lot was a part, in lots, according to a plan upon which streets were indicated. This plan was recorded. The description…

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

The learned referee has found the facts of this case very fully in his first report. As the appellant has failed to print the testimony, and it is, therefore, not before us, the assignments, alleging error in the referee’s findings of fact, must be overruled and dismissed. The view we take of the case requires us to consider but one of the assignments of error, to wit: The court erred in dismissing the defendant’s first exception, which was as follows : The report of the referee is contrary to law.

We are unable to distinguish any material difference between the…

2Cases cited1 opinion

  1. Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896

3Cited by18 opinions

  1. Milford Borough v. BurnettSupreme Court of Pennsylvania · 1927
  2. Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
  3. Jones v. SedwickSupreme Court of Pennsylvania · 1955
  4. State RoadSupreme Court of Pennsylvania · 1912
  5. Horsham Township v. WEINERSupreme Court of Pennsylvania · 1969

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API