Philadelphia v. Armstrong
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1900, by plaintiff, from judgment of O. P. No. 3, Phila. Co., Dec. T., 1893, No. 568, on verdict for defendant, in ease of City of Philadelphia v. Alexander Armstrong. Scire facias sur municipal lien for a sewer.
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Appeal, No. 64, Oct. T., 1900, by plaintiff, from judgment of O. P. No. 3, Phila. Co., Dec. T., 1893, No. 568, on verdict for defendant, in ease of City of Philadelphia v. Alexander Armstrong. Scire facias sur municipal lien for a sewer. Defendant filed the following affidavit of defense: 1. That this is a claim filed by the city of Philadelphia based upon a per foot frontage charge for constructing a sewer on a strip of land called in said claim “ Souder street ” which said strip of land is not nor never has been a public highway of the city of Philadelphia, but on the contrary is solely the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The Act of April 16, 1845, P. L. 488, provided as follows: “No debt, charge or assessment, for work hereafter done, or materials furnished by or under the authority of the board of health, or any municipal corporation, shall be a lien on real estate for more than six months from the time of doing such work, unless a claim for the same be filed in the office of the prothonotary of the proper court within that time,” etc. In Philadelphia v. Beatty, 9 Pa. Superior Ct. 255, the only question raised and considered was, whether the time within which the claim must he filed was…
2Cases cited8 opinions
- Donley v. City of PittsburghSupreme Court of Pennsylvania · 1892
- City of Chester v. BlackSupreme Court of Pennsylvania · 1890
- City of Philadelphia v. RichardsSupreme Court of Pennsylvania · 1889
- Mullen v. Union Central Life InsuranceSupreme Court of Pennsylvania · 1897
- Bates v. CullumSupreme Court of Pennsylvania · 1896
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