Philadelphia v. Kelly
Superior Court of Pennsylvania
Appeal, No. 185, Oct. T., 1915, by defendant, from order of C. P. Philadelphia Co., Dec. T., 1873, No. 309, discharging rule to quash writs of scire facias and to strike off judgment reviving lien of municipal claim, in suit of City of Philadelphia, to use of Jacob M. Peters, v. J. Kelly, et al, and Thomas B. Gibb, Executor of J. McGregor Gibb, Deceased. Rule to quash writ of scire facias and to strike off judgment.
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Appeal, No. 185, Oct. T., 1915, by defendant, from order of C. P. Philadelphia Co., Dec. T., 1873, No. 309, discharging rule to quash writs of scire facias and to strike off judgment reviving lien of municipal claim, in suit of City of Philadelphia, to use of Jacob M. Peters, v. J. Kelly, et al, and Thomas B. Gibb, Executor of J. McGregor Gibb, Deceased. Rule to quash writ of scire facias and to strike off judgment. Prom the record it appeard that on January 16,1874, a claim was filed by the City of Philadelphia, the use of Jacob M. Peters, in the amount of $90.57, for paving and curbing in…
1Opinion of the Court
Opinion by
Kephart, J.,
Prior to the Act of 1891, to continue the lien of a municipal claim that had been reduced to a judgment the scire facias reviving it must be prosecuted to judgment within five years from the issuance of the writ: Meason’s Est., 4 Watts 341; Hunter v. Lanning, 76 Pa. 25; City of Philadelphia v. Scott, 93 Pa. 25; Howes Brothers v. *136Dolan, 9 Pa. Superior Ct. 586; Philadelphia v. Sciple, 31 Pa. Superior Ct. 64. In obtaining the judgment the time spent in taking an appeal will not be deducted: Kountz v. Consolidated Ice Co., 36 Pa. Superior Ct. 639. The judgment must be…
2Cases cited10 opinions
- Meason's EstateSupreme Court of Pennsylvania · 1835
- Frederick StreetSupreme Court of Pennsylvania · 1892
- Hunter v. LanningSupreme Court of Pennsylvania · 1874
- Howes & Bros. v. DolanSuperior Court of Pennsylvania · 1899
- Haddington Methodist Episcopal Church v. City of PhiladelphiaSupreme Court of Pennsylvania · 1885
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3Cited by4 opinions
- Borough of Avalon v. Shafer, Exrx.Superior Court of Pennsylvania · 1930
- McSorley v. LittleSupreme Court of Pennsylvania · 1932
- City of Philadelphia v. KellySuperior Court of Pennsylvania · 1923
- In re DuboskyDistrict Court, E.D. Pennsylvania · 1918