Dunmore v. McAndrew
Superior Court of Pennsylvania
Appeal, No. 37, March T., 1915, by defendant, from order of C. P. Lackawanna Co, June T., 1914, No. 472, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Dunmore Borough v. P. A. McAndrew. Scire facias sur municipal lien. Buie for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 37, March T., 1915, by defendant, from order of C. P. Lackawanna Co, June T., 1914, No. 472, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Dunmore Borough v. P. A. McAndrew. Scire facias sur municipal lien. Buie for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
To the municipal lien entered by the plaintiff borough the defendant replied by filing an affidavit of defense. After a hearing on a rule for judgment for want of a sufficient affidavit, the learned court below made the rule absolute and the defendant appeals.
By ordinance, duly engcted, the Borough of Dun-more had ordained the improvement of a certain portion of its public streets. The ordinance further provided for the assessment of two-thirds of the cost thereof against the abutting property owners. At the time of the enactment of the ordinance the borough was fully…
2Cases cited5 opinions
- Schenck v. BurgessSupreme Court of Pennsylvania · 1897
- Seitzinger v. Borough of TamaquaSupreme Court of Pennsylvania · 1898
- New Brighton Borough v. BiddellSuperior Court of Pennsylvania · 1900
- McAndrew v. Dunmore BoroughSupreme Court of Pennsylvania · 1914
- Miller v. West View BoroughSuperior Court of Pennsylvania · 1914