Philadelphia ex rel. DePaul & Son v. Magnolia Cemetery Co.

Opinion by

Jacobs, J.,

The appellant in this case is a contractor who paved the cartway and installed curbing along a footway adjoining the real estate of appellee. Appellant filed a municipal claim in the name of the City of Philadelphia to his use by virtue of the provisions of the Act of May 16, 1923, P. L. 207, as amended, 53 P.S. §7101 et seq. On November 10, 1970, appellant caused a scire facias sur municipal claim to issue. Appellee, a cemetery company, filed a paper it called a demurrer to plaintiff’s claim on July 2, 1971. On August 6, 1971, the lower court sustained the demurrer and…