Legal Opinion

Philadelphia v. Dale

Superior Court of Pennsylvania

Decided February 20, 1914No. Appeal, No. 213PublishedCited by 1 opinion

Appeal, No. 213, Oct. T., 1913, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 3,517, M. L. D. on verdict for plaintiff in case of Philadelphia v. Henry Dale, Owner. Scire facias sur municipal lien for a sewer assessment. At the trial E. 0. Michener, Esq., made the following statement to the court: Henry Dale is dead. I have a suggestion of the death of the defendant, supported by an affidavit, which I desire to file of record.

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1Opinion of the Court

Opinion by

Henderson, J.,

There is nothing on the record which would have justified the court in giving binding instructions for the defendant as requested. No objection was made to the regularity of the lien or of the subsequent processes. When the case was called for trial the only defense offered was that the street on which the improvement was made was not a city street. This question was submitted to the jury by the court in a fair and adequate charge and the finding of the jury was in favor of the plaintiff. No exception was taken to the action of the court in refusing to permit a…

2Cases cited3 opinions

Jones v. BealeSupreme Court of Pennsylvania · 1907
City of Philadelphia v. Unknown OwnerSupreme Court of Pennsylvania · 1892
Philadelphia v. SmithSuperior Court of Pennsylvania · 1905

3Cited by1 opinion

Phila. v. Sulzer's Estate (Et Al.)Superior Court of Pennsylvania · 1940