Osterheldt v. Philadelphia
Supreme Court of Pennsylvania
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.
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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
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
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