City of Philadelphia ex rel. McCann v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
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
- Susquehanna Canal Co. v. BonhamSupreme Court of Pennsylvania · 1845
- Vacation of Howard St.Philadelphia County Court of Quarter Sessions · 1891
- Junction Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
- City of Philadelphia v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1859
3Cited by7 opinions
- Philadelphia v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1909
- Blair v. Pennsylvania Turnpike CommissionSuperior Court of Pennsylvania · 1943
- South Fork Borough v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Borough of Aliquippa v. Pittsburgh & Lake Erie RailroadSuperior Court of Pennsylvania · 1928
- New Castle v. Pittsburgh, Youngstown & Ashtabula Ry. Co.Superior Court of Pennsylvania · 1919
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