Opening of Parkway

Citations

• 267 Pa. 219
• 110 A. 144
• 1920 Pa. LEXIS 839

Syllabus

<p>Road law — Report of jury of view — Damages—Delay in payment —Interest on award — Execution—Mandamus—Amendment—Expiration of term of entry — Final judgment — Time for appeal.</p> <p>1. When a judgment has been obtained against a municipality, the city cannot, in subsequent proceedings to collect the adjudicated debt, enter defenses on the merits.</p> <p>2. Mandamus for the payment of an award is a writ of execution; and a determinative order relating to execution is in character a judgment, which, when of a final nature, is appealable.</p> <p>3. When an outstanding writ of execution is altered or interfered with in any final manner by the court from which it issued, if the immediate proceedings, leading to such action, is had on rule, or in other formal manner, with notice and opportunity to be heard given to the opposite party, the determination reached falls within the definition of a final judgment, and the party aggrieved need not move to set aside the order in question, but may appeal directly therefrom.</p> <p>4. Where execution is issued, or subsequently altered, without a rule or other formal proceeding affording defendant an opportunity to be heard, proper practice requires that he promptly move the court below to set aside the execution or revoke the order comr plained of, before an appeal lies — this, in justice to the court of original jurisdiction and for the benefit of the appellate tribunal.. Even in such case, however, if enough appears upon the record to decide the dispute involved, it is not always essential to move the court below in the premises before taking an appeal.</p> <p>A jury of view appointed in 1916 to assess damages for property taken in 1909, awarded the claimant, in 1918, a sum stated, “with compensation for delay in payment of the same at the rate of 6 per cent per annum from December 9, 1909.” This was confirmed on September 13, 1918. Subsequently, on March 31, 1919, a mandamus was issued, which, instead of combining the princip