Philadelphia v. Merritt
Superior Court of Pennsylvania
Appeal, No. 81, Oct. T., 1905, by defendant, from order of O. P. No. 2, Phila. Co., Sept. T., 1894, M. L. D. No. 36, discharging rule to open judgment in case of City of Philadelphia v. William C. Merritt, owner, and T. Elwood Potts, trustee, etc., and registered owner, and William H. Maker. Rule to open a judgment. The facts appear by the opinion of the Superior Court. The court discharged the rule to open judgment. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Porter, J.,
The claim of the city for the general taxes assessed and levied for the year 1893 against a lot accurately described in the claim was duly filed on the first day of October, 1894. An affidavit of notice to “ T. Ellwood Potts, Trustee,” to pay the claim, in the form prescribed by the Act'of March 23, 1866, P. L. 303, relating to municipal claims, having been filed, a Scire facias was issued upon this tax claim on April 6,1898, and was served personally on T. Ellwood Potts, trustee, the registered owner, and the sheriff further returned “ made known by posting and…
2Cases cited7 opinions
- Delaney v. GaultSupreme Court of Pennsylvania · 1858
- Wistar v. City of PhiladelphiaSupreme Court of Pennsylvania · 1878
- Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
- Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
- Soullier v. KernSupreme Court of Pennsylvania · 1871
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