Marlin v. Indiana Borough

Citations

• 61 Pa. Super. 519
• 1915 Pa. Super. LEXIS 364

Syllabus

<p>Road law — Damages—Borough—Mandamus—Parties.</p> <p>Where damages are assessed against a borough for opening a street, and the report of the viewers is confirmed, such confirmation is a final judgment, and will sustain a mandamus to compel the payment of the damages.</p> <p>Where a petition for mandamus is presented by the heirs of a person in whose favor road damages have been assessed, and by the assignee of such person, and the petition is dismissed because of the improper joinder of the heirs, such dismissal will not prevent the assignee from presenting another petition for mandamus to compel the payment of the damages.</p>