Legal Opinion

City of Philadelphia Ex Rel. Barber Asphalt Co. v. Wells

Superior Court of Pennsylvania

Decided October 10, 1928No. Appeal 162PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Gawthrop, J.,

This is an appeal from the entry of judgment for want of a sufficient affidavit of defense to a scire facie sur municipal lien for the cost of street paving apportioned according to the front-foot rule. The defense interposed was that the paving for which the assessment was levied was not an original paving of Durham Street. The affidavit avers upon information and belief derived from examination of official records of the Highway Bureau of the city, the ordinances of Council and the original owners of property abutting the aforesaid street, as well as the original…

2Cases cited5 opinions

  1. Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
  2. Dick v. PhiladelphiaSupreme Court of Pennsylvania · 1901
  3. Philadelphia v. SchollSuperior Court of Pennsylvania · 1917
  4. Easton City v. HughesSuperior Court of Pennsylvania · 1917
  5. Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926

3Cited by2 opinions

  1. Mt. Lebanon Township v. ScheckSuperior Court of Pennsylvania · 1946
  2. City of Philadelphia v. ShallcrossSuperior Court of Pennsylvania · 1928

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