Legal Opinion

City of Philadelphia ex rel. McCann v. Philadelphia & Reading Railroad

Supreme Court of Pennsylvania

Decided October 5, 1896No. Appeal, No. 223PublishedCited by 7 opinions

Appeal, No. 223, July T., 1895, by defendant, from order of C. P. No. 4, Phila. Co., March T., 1895, No. 136, M. L. D., making absolute a rule for judgment for want of a sufficient affidavit of defense. Mitchell, J., dissents. Scire facias sur municipal lien for a sewer. The facts appear by the opinion of the Supreme Court. -Error assigned was order, making absolute a rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

The defendant is the owner of a large lot of ground in the city of Philadelphia, fronting on Richmond street about one thousand five hundred and forty-seven feet, and extending back to the Port Warden’s line on the Delaware river. Against this property, the city filed a municipal lien for part of the cost of constructing a sewer on Richmond street between Cumberland and Williams streets. Sci. fa. was issued on the lien, to which defendant made affidavit of defense, of which this is the material averment:

*295“The said large lot of ground is entirely and exclusively used…

2Cases cited4 opinions

  1. Susquehanna Canal Co. v. BonhamSupreme Court of Pennsylvania · 1845
  2. Vacation of Howard St.Philadelphia County Court of Quarter Sessions · 1891
  3. Junction Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
  4. City of Philadelphia v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1859

3Cited by7 opinions

  1. Philadelphia v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1909
  2. Blair v. Pennsylvania Turnpike CommissionSuperior Court of Pennsylvania · 1943
  3. South Fork Borough v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
  4. Borough of Aliquippa v. Pittsburgh & Lake Erie RailroadSuperior Court of Pennsylvania · 1928
  5. New Castle v. Pittsburgh, Youngstown & Ashtabula Ry. Co.Superior Court of Pennsylvania · 1919

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