Philadelphia v. Overbrook Park Congregation

Opinion by

Rhodes, P. J.,

This is an action, of scire facias-sur municipal lien in which the use-plaintiff asserts a municipal claim for cartway paving against a vacant lot of ground owned by the appellant, a Pennsylvania non-profit corporation. 1 The lot is located on Woodbine Avenue, near 76th Street, in the City of Philadelphia. The work of paving the cartway took place during November and December, and was completed on December 14, 1950.

In its affidavit of defense to the scire facias, appellant averred that between September 11 and October 2, 1950, it had conducted religious services in a…