Legal Opinion

Philadelphia v. Scholl

Superior Court of Pennsylvania

Decided November 19, 1917No. Appeal, No. 309PublishedCited by 7 opinions

Appeal, No, 309, Oct. T., I91G, by defendant, from order of C. P. No. 4, Philadelphia Go., Dec. T., 1915, No. 1747, M. L. D. making absolute rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia to use of D. Webster Anders v. Edward L. Scholl. Scire facias sur municipal lien for paving.

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Appeal, No, 309, Oct. T., I91G, by defendant, from order of C. P. No. 4, Philadelphia Go., Dec. T., 1915, No. 1747, M. L. D. making absolute rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia to use of D. Webster Anders v. Edward L. Scholl. Scire facias sur municipal lien for paving. On a rule for judgment for want of a sufficient affidavit of defense Audenried, P. J., filed the following opinion: The Gity of Philadelphia claims of the defendant, Edward L. Scholl, by way of lien upon his lot on the west side of Sixty-third street north of Lansdowne…

1Opinion of the Court

Opinion by

Kepiiart, J.,

This appeal is from the entry of judgment for want of a sufficient affidavit of defense on a scire facias sur municipal 1 ien. The defense interposed was that the city, through its various ordinances, had agreed with the subsidiary companies forming a part of the Philadelphia Bapid Transit System to accept the obligation of these companies to pave the street in front of the appellant’s,property, which agreement under the law released the property owner from paying for this paving. See Philadelphia *413v. Philadelphia, Trustee, 244 Pa. 224. We are satisfied that the court…

2Cases cited6 opinions

  1. Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
  2. City of Harrisburg v. SegelbaumSupreme Court of Pennsylvania · 1892
  3. Philadelphia v. BakerSupreme Court of Pennsylvania · 1891
  4. Easton City v. HughesSuperior Court of Pennsylvania · 1917
  5. Philadelphia v. PhiladelphiaSupreme Court of Pennsylvania · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Philadelphia v. PhillipsSuperior Court of Pennsylvania · 1955
  2. Philadelphia v. PachelliSuperior Court of Pennsylvania · 1950
  3. Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926
  4. Borough v. RandallSupreme Court of Pennsylvania · 1920
  5. Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928

2 more not listed; retrieve them via the Exa API.

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