City of Erie v. Russell
Supreme Court of Pennsylvania
Appeal, No. 459, Jan. T., 1891, by defendant, Elizabeth C. Russell, from judgment of C. P.-Eiie Co., May T., 1891, No. 181, for want of a sufficient affidavit of defence. Scire facias sur municipal lien for reconstruction of sewer. A lien was filed against defendant as owner, or reputed owner, for the cost of reconstructing a sewer on Seventh street in the city of Erie.
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Appeal, No. 459, Jan. T., 1891, by defendant, Elizabeth C. Russell, from judgment of C. P.-Eiie Co., May T., 1891, No. 181, for want of a sufficient affidavit of defence. Scire facias sur municipal lien for reconstruction of sewer. A lien was filed against defendant as owner, or reputed owner, for the cost of reconstructing a sewer on Seventh street in the city of Erie. The defendant filed an affidavit of defence, the substance of 'which appears by the opinion of the Supreme Court. The court, Gunnison, P. J., gave judgment for want of a sufficient affidavit. Errors assigned were, (1, 2)…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
A judgment was entered in the court below for want of a sufficient affidavit of defence, and the only question on the record is whether the affidavit contains a valid answer to the claim. It appears that, on Nov. 11, 186.7, it was ordained by the select and common councils of the city of Erie, that a sewer should be constructed under Seventh street in said city “ from Peach to Sassafras streets,” and that the cost of constructing the same should “be assessed upon and collected from the. owners of real estate fronting'on said street, between the points…
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