Philadelphia v. Snedaker
Superior Court of Pennsylvania
Appeal, No. 146, Oct. T., 1917, by defendant, from order of C. P. No. 1, Philadelphia Co1., March T., 1908, No. 962,- M. L. D. discharging rule to open judgment in case of Oity of Philadelphia v. Prank O. Snedaker, Charles Muehlman and Paul Mtiehlman, trading as Frank C. Snedaker & Company. Rule to open judgment.
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Appeal, No. 146, Oct. T., 1917, by defendant, from order of C. P. No. 1, Philadelphia Co1., March T., 1908, No. 962,- M. L. D. discharging rule to open judgment in case of Oity of Philadelphia v. Prank O. Snedaker, Charles Muehlman and Paul Mtiehlman, trading as Frank C. Snedaker & Company. Rule to open judgment. From the record it appeared that a judgment was obtained by default after posting and advertising on a municipal claim for water pipe laid in front of the vacant lot of the defendants. A petition was filed to open this judgment setting forth that at the time the pipe was laid the…
1Opinion of the Court
Opinion by
Trexler, J.,
The City of Philadelphia on May 25, 1908, filed a lien for the cost of laying water pipes in Schiller street. Afterwards, in 1911, at the instance of the defendant, the portion of Schiller street in which the pipes had been laid was vacated, the defendant agreeing to file no claim for damages by reason of said vacation. Suit was brought and judgment was entered upon the lien and the present proceedings come to us upon a petition to open judgment. The reasons alleged in support of the petition were, (1) That in order to sustain the lien it must be shown that some special…
2Cases cited4 opinions
- Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
- City of Harrisburg v. McCormickSupreme Court of Pennsylvania · 1889
- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1911
- Allegheny City v. KingSuperior Court of Pennsylvania · 1901
3Cited by2 opinions
- Upper Moreland-Hatboro Joint Sewer Authority v. PearsonSuperior Court of Pennsylvania · 1959
- Nether Providence Township Sewer District Assessment CaseSuperior Court of Pennsylvania · 1940