City of Erie v. Brady
Supreme Court of Pennsylvania
EREOS TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. Nos. 129, 130, 131 January Term 1889, Sup. Ct.; court below, Nos. 171, 190, 191 September Term 1887, C. P. On August 3, 1887, a scire facias sur municipal lien No. 21 February Term 1887, was duly issued to No. 171 September Term 1887, wherein the city of Erie, for use of the Barber Asphalt Paving Co., was plaintiff, and “ A piece of land on Eighth street, John C. Brady, assignee of the German Savings Institution, owner or…
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EREOS TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. Nos. 129, 130, 131 January Term 1889, Sup. Ct.; court below, Nos. 171, 190, 191 September Term 1887, C. P. On August 3, 1887, a scire facias sur municipal lien No. 21 February Term 1887, was duly issued to No. 171 September Term 1887, wherein the city of Erie, for use of the Barber Asphalt Paving Co., was plaintiff, and “ A piece of land on Eighth street, John C. Brady, assignee of the German Savings Institution, owner or reputed owner,” was defendant. To Nos. 190, 191 September Term 1887, like writs were issued upon liens against a piece of…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The affidavits in these cases are uncandid and evasive, being really affidavits to conclusions of law, carefully stated so as to appear to be facts.
The defence seems to bo without merit either on the facts or the law, but on the affidavits the learned judge was clearly right in refusing judgment, as they contain positive averments, as of facts, of certain matters that if true would be a good defence. The principal of these, which is all we need notice in detail, is the unqualified averment in the supplemental affidavit, paragraph 6, that the councils passed the…
2Cited by6 opinions
- City of Erie ex rel. Erie Paving Co. v. A Piece of Land Fronting on Eighteenth StreetSupreme Court of Pennsylvania · 1896
- Commonwealth ex rel. Snyder v. SnyderSuperior Court of Pennsylvania · 1896
- City of Reading v. O'ReillySupreme Court of Pennsylvania · 1895
- City Trust, Safe Deposit & Surety Co. v. Glencove Granite Co.Court of Appeals for the Third Circuit · 1902
- J. B. Colt Co. v. Shirk, Pennsylvania Court of Common Pleas, Union County1923
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