Philadelphia v. Pemberton
Supreme Court of Pennsylvania
Appeal, No. 201, Jan. T., 1903, by defendant, from order of C. P. No. 4, Phila. Co., March T., 1902, No. 812, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of the Vulcanite Paving Company v. Clifford Pemberton, Jr. Scire facias sur municipal lien for paving. Before AttdENreid, J. The material averments of the affidavit of defense are stated in the opinion of the Supreme Court.
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Appeal, No. 201, Jan. T., 1903, by defendant, from order of C. P. No. 4, Phila. Co., March T., 1902, No. 812, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of the Vulcanite Paving Company v. Clifford Pemberton, Jr. Scire facias sur municipal lien for paving. Before AttdENreid, J. The material averments of the affidavit of defense are stated in the opinion of the Supreme Court. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Judgment was entered for want of a sufficient affidavit of defense, in a proceeding by scire facias to recover the amount of a municipal lien for paving. The principal question raised by the appeal is whether the provision in the contract requiring the contractor to keep the pavement in repair for five years affected the validity of the lien. There was set out in the affidavit of defense the provision of the ordinance which required the contractor to enter into an obligation to keep the street in repair for five years, the stipulation in the proposal that he would…
2Cases cited6 opinions
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Commonwealth ex rel. Snyder v. MitchellSupreme Court of Pennsylvania · 1876
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Erie City v. ButlerSupreme Court of Pennsylvania · 1888
- Interstate Vitrified Brick & Paving Co. v. Philadelphia, Mack Paving Co.Supreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Philadelphia v. BilyeuSuperior Court of Pennsylvania · 1911
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