Philadelphia v. Merz
Superior Court of Pennsylvania
Appeal, No. 116, Oct. T., 1900, by plaintiff, from order of C. P. No. 3, Phila. Co., March. T., 1893, No. 11, M. L. D., striking off a judgment in case of Philadelphia to use of John M. Mack v. John H. Merz, owner and registered owner, and May Brinton and Ferree Brinton, who intervened. Scire facias sur municipal lien for paving. Rule to strike off judgment.
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Appeal, No. 116, Oct. T., 1900, by plaintiff, from order of C. P. No. 3, Phila. Co., March. T., 1893, No. 11, M. L. D., striking off a judgment in case of Philadelphia to use of John M. Mack v. John H. Merz, owner and registered owner, and May Brinton and Ferree Brinton, who intervened. Scire facias sur municipal lien for paving. Rule to strike off judgment. From the record it appeared that on May 20, 1893, a claim for 1300.42 for paving was filed against a lot of ground in the twenty-seventh ward of the city of Philadelphia, the registered owner of which at that time was John H. Merz. On…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is a scire facias upon a municipal lien for a paving assessment issued against John H. Merz, the registered owner. On the day it issued, the plaintiff caused to be filed an affidavit of service of notice of intention to issue a sci. fa. The defendant’s place of residence in the city of Philadelphia was given in the affidavit. The writ was returned, make known by posting and advertising and nihil habet as to John H. Merz, the registered owner. No affidavit that he was a nonresident of the city or could not be found therein was filed. See Act of June 10, 1881, P. L.…
2Cases cited1 opinion
- Ferguson v. QuinnSupreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Philadelphia v. CooperSupreme Court of Pennsylvania · 1905
- Philadelphia v. CooperSuperior Court of Pennsylvania · 1905
- Philadelphia v. MerzSuperior Court of Pennsylvania · 1905