Legal Opinion

Philadelphia v. Peters

Superior Court of Pennsylvania

Decided July 15, 1914No. 1; Appeal, No. 201PublishedCited by 6 opinions

Appeal, No. 201, Oct. T., 1913, by plaintiff, from order of C. P. No. 2, Phila. Co., Dec. Term, 1897, No. 1,756, M. L. D., making absolute rule to strike off municipal claim in suit of City of Philadelphia to use of Thomas Cunningham v. Estate of Margaret A. Peters, Owner and Registered Owner.' Rule to strike off municipal lien. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule to strike off claim.

1Opinion of the Court

Opinion by

Porter, J.,

The city of Philadelphia, on March 2, 1898, filed a claim, based upon an assessment for paving the cartway of a street, against a lot of ground accurately described, and “Estate of Margaret A. Peters, owner and registered owner,” of said lot. A writ of scire facias was issued on August 18, 1899, and on September 13, following a general appearance was entered by an attorney for the defendant and an affidavit was filed by Emanuel K. Peters, averring that he was one of the owners of the land and stating a defense which went to the merits of the claim, upon the ground that…

2Cases cited8 opinions

  1. Jones v. BealeSupreme Court of Pennsylvania · 1907
  2. Wistar v. City of PhiladelphiaSupreme Court of Pennsylvania · 1878
  3. Northern Liberties v. Coates's HeirsSupreme Court of Pennsylvania · 1851
  4. Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
  5. Philadelphia v. MasonSuperior Court of Pennsylvania · 1908

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3Cited by6 opinions

  1. In re Harrisburg Trust Co.Superior Court of Pennsylvania · 1923
  2. Spramelli v. Boro. of PunxsutawneySuperior Court of Pennsylvania · 1931
  3. Philadelphia v. Sulzer's EstateSupreme Court of Pennsylvania · 1941
  4. Casner v. Fisher, Pennsylvania Court of Common Pleas, Mifflin County1960
  5. Tutelea Estate, Pennsylvania Court of Common Pleas, Mercer County1973

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