Legal Opinion

Punxsutawney Borough v. Carmalt

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 166Published

Appeal, No. 166, May T., 1909, by defendant, from order of C. P. Jefferson Co., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Punxsutawney Borough v. Edward A. Carmalt. . Assumpsit for cost of curbing. Before Reed, P. J. The opinion of the Superior Court states the case. Error assigned was the order of the court making absolute rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Orlady, J.,

This is an action of assumpsit on a municipal lien filed under the provisions of a general ordinance of the borough. An affidavit of defense was filed which was determined to be insufficient, and a judgment in favor of the plaintiff was entered. The case must be disposed of on this appeal in the light of the statement and of the affidavit of defense. The validity of the plaintiff's claim necessarily depends upon the authority of the borough to enact the ordinance in controversy. In the affidavit the defendant denied the existence, passage, certification and promulgation…

2Cases cited4 opinions

  1. Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
  2. Hatboro National Bank v. StevensonSuperior Court of Pennsylvania · 1907
  3. Eastern Forge Co. v. BaizleySuperior Court of Pennsylvania · 1902
  4. Stern v. DwyerSuperior Court of Pennsylvania · 1907

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