City of Chester v. McGeoghegan
Superior Court of Pennsylvania
Appeal, No. 20, Oct. T., 1897, by defendants, from judgment of C. P. Delaware Co., Sept. T., 1895, No. 226, in favor of plaintiff for want of a sufficient affidavit of- defense. Assumpsit on a claim for paving. Before Clayton, P. J. The facts sufficiently appear in the opinion of the court. The court entered judgment for want of a sufficient affidavit of defense for #298.74, plaintiff having omitted that part of its claim for penalty prescribed by the act of assembly.
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Appeal, No. 20, Oct. T., 1897, by defendants, from judgment of C. P. Delaware Co., Sept. T., 1895, No. 226, in favor of plaintiff for want of a sufficient affidavit of- defense. Assumpsit on a claim for paving. Before Clayton, P. J. The facts sufficiently appear in the opinion of the court. The court entered judgment for want of a sufficient affidavit of defense for #298.74, plaintiff having omitted that part of its claim for penalty prescribed by the act of assembly. Defendants appealed. Error assigned was in making absolute plaintiff’s rule for judgment for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Wickham, J.,
The city of Chester had the right, under the Act of May 23, 1889, P. L. 272, and an ordinance passed in accordance therewith, to sue for, and recover from the appellants, a municipal assessment of #220.55, together with interest and a penalty of five per centum, amounting in all to #308.76.
Instead of suing for the latter sum, the city threw off the *360penalty, amounting to $11.02, and brought suit before an aider-man for the debt and interest only, the aggregate of both being less than $300. The only question before us is whether the plaintiff could give the alderman…
2Cases cited1 opinion
- Evans v. HallSupreme Court of Pennsylvania · 1863