Philadelphia v. Gowen
Supreme Court of Pennsylvania
Appeals, Nos. 182 and 183, Jan. T., 1901, by defendants, from order of C. P. No. 2, Phila. Co., March T., 1897, Nos. 160 and 161, M. L. D., sustaining demurrer to plea in case of Philadelphia to use of Mack Paving Company v. Francis I. Gowen and James E. Hood, Trustees of James Gowen, Owners, etc., and James Gowen, Deceased, Registered Owner. Scire facias sur municipal lien.
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Appeals, Nos. 182 and 183, Jan. T., 1901, by defendants, from order of C. P. No. 2, Phila. Co., March T., 1897, Nos. 160 and 161, M. L. D., sustaining demurrer to plea in case of Philadelphia to use of Mack Paving Company v. Francis I. Gowen and James E. Hood, Trustees of James Gowen, Owners, etc., and James Gowen, Deceased, Registered Owner. Scire facias sur municipal lien. Defendants pleaded non assumpsit and filed a special plea which was as follows : “ And for a further plea, the said defendants, by their attorney, Charles Edward Ingersoll, say that plaintiffs should not recover, because…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This was a municipal claim for paving the cartway in front of appellant’s property, with vitrified brick. At the trial the defense was that the property was rural and not assessable for municipal improvements by the foot front rule. The plaintiff offered the record books of the board of revision of taxes to show that in the year in which the work was done the property was assessed for taxation as urban, at the full city rate. The evidence was admitted against- defendant’s objection. This was error. The books had none of the qualifications of evidence against the…
2Cases cited2 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- City of Philadelphia ex rel. Mack v. GorgasSupreme Court of Pennsylvania · 1897
3Cited by8 opinions
- Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1915
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- City of Phila. to Use v. BradySuperior Court of Pennsylvania · 1931
- Philadelphia v. DobbinsSuperior Court of Pennsylvania · 1904
- Chester City v. EvansSuperior Court of Pennsylvania · 1907
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