Library Co. of Philadelphia's Appeal

Superior Court of Pennsylvania

Library Co. of Philadelphia's Appeal

177 A. 606, 117 Pa. Super. 103, 1935 Pa. Super. LEXIS 385

CourtSuperior Court of Pennsylvania

DecidedMarch 13, 1935

DocketAppeal 565

StatusPublished

This text of 177 A. 606 (Library Co. of Philadelphia's Appeal) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Library Co. of Philadelphia's Appeal, 177 A. 606, 117 Pa. Super. 103, 1935 Pa. Super. LEXIS 385 (Pa. Ct. App. 1935).

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Opinion

Opinion by

Keller, J.,

It was stipulated by the parties to this appeal that its disposition should be governed by our decision in the appeals by the City of Philadelphia to 469 October Term, 1934 and 531 October Term, 1934. The questions here involved are the same and only the same as were passed upon and decided in those cases; the only difference being that in the present case the court below dismissed the petition of the Library Company of Philadelphia for the appointment of viewers on the grounds unsuccessfully advanced by the city in the beforementioned appeals.

In accordance with said stipulation, the order is reversed and the petition of the appellant is reinstated and the record is remitted to the court below with directions to appoint a jury of view as prayed for. Costs on this appeal to be paid by the City of Philadelphia.

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Opinion by

Keller, J.,

It was stipulated by the parties to this appeal that its disposition should be governed by our decision in the appeals by the City of Philadelphia to 469 October Term, 1934 and 531 October Term, 1934. The questions here involved are the same and only the same as were passed upon and decided in those cases; the only difference being that in the present case the court below dismissed the petition of the Library Company of Philadelphia for the appointment of viewers on the grounds unsuccessfully advanced by the city in the beforementioned appeals.

In accordance with said stipulation, the order is reversed and the petition of the appellant is reinstated and the record is remitted to the court below with directions to appoint a jury of view as prayed for. Costs on this appeal to be paid by the City of Philadelphia.

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Bluebook (online)

177 A. 606, 117 Pa. Super. 103, 1935 Pa. Super. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/library-co-of-philadelphias-appeal-pasuperct-1935.