Philadelphia v. Sciple
Superior Court of Pennsylvania
Appeal, No. 259, Oct. T., 1904, by plaintiff, from order of C. P. No. 2, Philadelphia Co., March T., 1892, No. 5, M. L. D., making absolute rule to quash a writ of scire facias in case of City of Philadelphia v. Henry M. Sciple, owner or reputed owner, and Samuel Wilson, registered owner. Rule to quash scire facias. Wilt bank, ,T., filed the following opinion: This is a claim filed against a lot of ground therein described for the cost of the removal of a nuisance.
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Appeal, No. 259, Oct. T., 1904, by plaintiff, from order of C. P. No. 2, Philadelphia Co., March T., 1892, No. 5, M. L. D., making absolute rule to quash a writ of scire facias in case of City of Philadelphia v. Henry M. Sciple, owner or reputed owner, and Samuel Wilson, registered owner. Rule to quash scire facias. Wilt bank, ,T., filed the following opinion: This is a claim filed against a lot of ground therein described for the cost of the removal of a nuisance. It was filed April 8, 1892. On April 8, 1897, a sci.- fa. issued, and was returned made known as to Thomas H. Gessner, actual and…
1Opinion of the Court
Opinion.by
Rice, P. J.,
On April 8, 1892, the city filed a claim for the cost of removing a nuisance, consisting of stagnant water, from a lot duly described in the claim, and on April 8, 1897, issued a sci. fa., which was returned made known to Thomas H. Gessner, the actual and present owner, and nihil habet as to Henry M. Sciple, the reputed owner, and Samuel Wilson, the registered owner, named in the claim. On April 30, 1897, Gessner filed an affidavit of defense. There the case rested without any attempt on the part of the city or the defendant to have it put at issue and brought to trial,…
2Cases cited6 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
- Mansel v. NicelySupreme Court of Pennsylvania · 1896
- Hunter v. LanningSupreme Court of Pennsylvania · 1874
- Philadelphia v. HeySuperior Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Erie v. Public Service CommissionSuperior Court of Pennsylvania · 1920
- Philadelphia v. PetersSuperior Court of Pennsylvania · 1914
- Philadelphia v. KellySuperior Court of Pennsylvania · 1916
- In re DuboskyDistrict Court, E.D. Pennsylvania · 1918
- Kuss's CaseSuperior Court of Pennsylvania · 1915