Swissvale Borough v. Dickson

Citations

• 269 Pa. 19
• 112 A. 120
• 1920 Pa. LEXIS 748

Syllabus

<p>Bes adjudicada — Stare decisis — Courts—Subordinate appellate court — Municipal lien.</p> <p>1. While the decisions of subordinate appellate courts are not stare decisis in a higher court, yet, when all other circumstances essential to the application of the doctrine of res adjudicata exist, such decisions will be treated, in a subsequent suit between the same parties, involving the same subject-matter, as conclusive.</p> <p>2. Where, on a scire facias sur municipal lien, it is decided that a particular street is not a public highway, and the decision is affirmed by the Superior Court, it will be conclusive in proceedings on a later lien between the same parties, and relating to the same land, where there is nothing to show that, before the later improvements had been authorized, the locus had, in some formal manner, become a public street.</p>