Carrick v. Canevin
Superior Court of Pennsylvania
Appeal, No. 159, April T., 1913, by plaintiff, from order of C. P. Allegheny Co., July T., 1912, No. 2,965, discharging rule for judgment, for want of a sufficient affidavit of defense in case of Carrick Borough v. Rt. Rev. Regis Canevin, Trustee for St. George’s Congregation. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 159, April T., 1913, by plaintiff, from order of C. P. Allegheny Co., July T., 1912, No. 2,965, discharging rule for judgment, for want of a sufficient affidavit of defense in case of Carrick Borough v. Rt. Rev. Regis Canevin, Trustee for St. George’s Congregation. Rule 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 discharging rule for judgment for want of a sufficient affidavit of defense. The viewers’ report cannot be attacked in a collateral proceeding: Tarentum Borough v.…
1Opinion of the Court
Opinion by
Orlady, J.,
This appeal is taken from an order discharging a rule to show cause, why judgment should not be entered for want of a sufficient affidavit of defense, in a sci. fa. sur municipal claim for grading, paving and curbing Brownsville road, upon which certain property, used for cemetery purposes and owned by the St. George’s congregation, abuts.
The affidavit of defense sets out, that this congregation is an unincorporated religious association for the support of religious worship, according to the laws, usages and discipline of the Catholic Church, and is subject to the…
2Cases cited8 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Krauczunas v. HobanSupreme Court of Pennsylvania · 1908
- Mazaika v. KrauczunasSupreme Court of Pennsylvania · 1911
- Commonwealth v. ImmelSuperior Court of Pennsylvania · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
- Carrick v. CanevinSupreme Court of Pennsylvania · 1914
- Philadelphia v. School District, Pennsylvania Court of Common Pleas, Philadelphia County1940
- Scranton City v. WatsonSuperior Court of Pennsylvania · 1915