Chelten Trust Co. v. Blankenburg
Supreme Court of Pennsylvania
Appeal, No. 14, Jan. T., 1913, by respondents, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1912, No. 2736, awarding mandamus in case of Chelten Trust Company v. Rudolph Blankenburg, Mayor of City of Philadelphia, and Michael J. Ryan, City Solicitor of the City of Philadelphia. Petition for writ of mandamus. Before Martin, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 14, Jan. T., 1913, by respondents, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1912, No. 2736, awarding mandamus in case of Chelten Trust Company v. Rudolph Blankenburg, Mayor of City of Philadelphia, and Michael J. Ryan, City Solicitor of the City of Philadelphia. Petition for writ of mandamus. Before Martin, P. J. The facts appear by the opinion of the Supreme Court. The plaintiff demurred to defendants’ return, and the court sustained the demurrer. Respondents appealed. Error assigned was in sustaining the demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
By Section 39 of the Act of February 2, 1854, P. L. 21, it is made the duty of the councils of the City of Philadelphia “to obtain by dedication or purchase, within the limits of the said city, an adequate number of squares or other areas of ground, convenient of access to all its inhabitants, and lay out and maintain such squares and areas of ground as open public places, for the health and enjoyment of the people forever.” Whenever the councils shall have selected any square or other area of ground to be laid out and maintained forever as an open public place or…
2Cases cited7 opinions
- Witman v. City of ReadingSupreme Court of Pennsylvania · 1899
- In re Sedgeley AvenueSupreme Court of Pennsylvania · 1879
- Commonwealth v. WaltonSupreme Court of Pennsylvania · 1912
- City of Philadelphia v. DyerSupreme Court of Pennsylvania · 1862
- Shields v. PittsburgSupreme Court of Pennsylvania · 1902
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3Cited by14 opinions
- Commonwealth ex rel. Bell v. PowellSupreme Court of Pennsylvania · 1915
- Miller v. Beaver FallsSupreme Court of Pennsylvania · 1951
- Barnes Laundry Co. v. PittsburghSupreme Court of Pennsylvania · 1920
- Commonwealth Ex Rel. Kelley v. PommerSupreme Court of Pennsylvania · 1938
- Coyne v. PrichardSupreme Court of Pennsylvania · 1922
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