Philadelphia v. Edmonds
Superior Court of Pennsylvania
Appeal, No. 257, Oct. T., 1914, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1914, No. 4,043, M. L. D. discharging rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of Union Paving Company v. Sara B. Edmonds or Sarah B. Edmonds, owner. Scire facias sur municipal lien to recover the cost of a macadam pavement laid on a portion of Upsal street abutting on defendant’s property.
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Appeal, No. 257, Oct. T., 1914, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1914, No. 4,043, M. L. D. discharging rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of Union Paving Company v. Sara B. Edmonds or Sarah B. Edmonds, owner. Scire facias sur municipal lien to recover the cost of a macadam pavement laid on a portion of Upsal street abutting on defendant’s property. Defendant claimed an affidavit of defense and counterclaim, inter aha, as follows: That the said city of Philadelphia by its duly authorized agent, the said…
1Opinion of the Court
Opinion by
Rice, P. J.,
For present purposes the allegation of paragraph 4 of the affidavit of defense must be accepted as verity. Therefore, the ordinance of July 19, 1902, will be left out of view in the determination of the question presented by this appeal from the court’s refusal to enter judgment for the plaintiff notwithstanding the affidavit of defense. Paragraph 7 of the affidavit is in the nature of a legal conclusion, but paragraphs 5 and 6 allege facts which in our judgment are sufficient to prevent summary judgment.
In Phila. v. Eddleman, 169 Pa. 452, Mr. Justice Mitchell…
2Cases cited6 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- Harrisburg v. FunkSupreme Court of Pennsylvania · 1901
- Leake v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
- McCracken v. ElderSupreme Court of Pennsylvania · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Helfenstein v. Line Mountain Coal Co.Supreme Court of Pennsylvania · 1925
- Borough of Wilson v. EichlinSuperior Court of Pennsylvania · 1929
- Lake Heritage Municipal Authority v. Cunningham, Pennsylvania Court of Common Pleas, Adams County1991