Philadelphia v. DeHaven
Superior Court of Pennsylvania
Appeal, No. 174, Oct. T., 1908, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1908, No. 610, discharging rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia to use of Barber Asphalt Paving Company v. Holstein DeHaven. Assumpsit to recover a paving assessment. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 174, Oct. T., 1908, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1908, No. 610, discharging rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia to use of Barber Asphalt Paving Company v. Holstein DeHaven. Assumpsit to recover a paving assessment. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Beavee, J.,
The use plaintiff declares in assumpsit for the recovery of a pavement laid in front of defendant’s lot. The statement of claim recites that:
“The Councils of the City of Philadelphia, by ordinance duly passed and approved by the Mayor on the 27th day of June, a. d. 1904, ordered and directed that the Department of Public Works of the City of Philadelphia be authorized and directed to pave, inter alia, 62d Street from Market Street to Lombard Street. A .copy of the said ordinance is hereto annexed and made part of this statement as ‘Exhibit A.’
“In pursuance of the…
2Cases cited6 opinions
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Reilly v. City of PhiladelphiaSupreme Court of Pennsylvania · 1869
- City of Philadelphia v. BurginSupreme Court of Pennsylvania · 1865
- Hutchinson v. PittsburgSupreme Court of Pennsylvania · 1873
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