Hay v. Valley Pike Co.

Citations

• 38 Pa. Super. 145
• 1909 Pa. Super. LEXIS 102

Syllabus

<p>Corporations — Turnpike companies — Eminent domain — Failure to file bond — Minor’s estate — Laches.</p> <p>A turnpike company entered on land belonging to minors, without filing a bond, under circumstances which indicated the consent of the mother and the guardian of the minors, to the entry. Subsequently the company without filing a bond petitioned the court for the appointment of viewers. Viewers were appointed and assessed damages. The company appealed. An issue was directed and framed for a trial by jury, all the parties filing a paper signed by counsel agreeing how the case should be tried. Nothing further was done in this proceeding at the time. Many years after the minors became of age they brought an ejectment to recover the strip of land taken by the company fifteen years before. The ejectment was tried; a verdict rendered for the plaintiffs and judgment was entered on the verdict with a stay of execution for four months. The case was continued by further stays until a year after the ejectment was brought. The plaintiffs then issued a writ of habere facias. In the meantime and shortly after the judgment in ejectment, the company put the original appeal on the trial list, and the case was continued at the instance of plaintiff’s counsel from term to term, the stays continuing the status quo. After the writ of habere facias was issued the company petitioned for a further stay, and the court directed it to file a bond, and stayed the execution until further order. Held, that the order of the court was proper. Oliver v. By. Co., 131 Pa. 408, followed.</p>