Schmitt v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1914, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1911, No. 7045, dismissing exceptions to master’s report in case of Harry Schmitt v. City of Philadelphia. Petition for appointment of master to determine costs in condemnation proceeding. Before Staake, J. The opinion of the Supreme Court states t-he facts. The court dismissed the defendant’s exceptions to the master’s report. Defendant appealed.
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Appeal, No. 265, Jan. T., 1914, by defendant, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1911, No. 7045, dismissing exceptions to master’s report in case of Harry Schmitt v. City of Philadelphia. Petition for appointment of master to determine costs in condemnation proceeding. Before Staake, J. The opinion of the Supreme Court states t-he facts. The court dismissed the defendant’s exceptions to the master’s report. Defendant appealed. Error assigned was in dismissing the exceptions.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This record discloses error, which, though not made the subject of exception or assignment, is too serious to be overlooked. “We do not indeed,” observes Strong, J., in Bean’s Road, 35 Pa. 280, “often notice exceptions not taken in the court below, but where there is a radical error patent on the face of the record, especially when the court has made a final order which cannot be executed, an order which in itself is erroneous, we will correct the mistake.” This expresses the situation here as we shall try to show.
The City of Philadelphia, in August, 1911, began…
2Cases cited3 opinions
- Bean's RoadSupreme Court of Pennsylvania · 1860
- Moravian Seminary v. Bethlehem BoroughSupreme Court of Pennsylvania · 1893
- Huckestein v. Allegheny CitySupreme Court of Pennsylvania · 1895
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- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1968
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- Spitzer v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1944
- Marlowe v. Travelers Insurance Co.Supreme Court of Pennsylvania · 1933
- Pine Grove Nevada Gold Mining Co. v. FreemanNevada Supreme Court · 1946
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