Bindley v. Pittsburgh
Superior Court of Pennsylvania
Appeal, No. 148, April T., 1916, by defendant, from order of. C. P. Allegheny Co., April T., 1916, No. 707, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mary Musgrave Bindley, et al., v. Pittsburgh. Assumpsit for breach of covenant. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 148, April T., 1916, by defendant, from order of. C. P. Allegheny Co., April T., 1916, No. 707, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mary Musgrave Bindley, et al., v. Pittsburgh. Assumpsit for breach of covenant. Rule for judgment for want of a sufficient affidavit of defense. Swearingen, J., stated the facts to be as follows: By agreement dated April 25,1907, the heirs of Edwin Bindley, deceased, by John Bindley, duly constituted attorney in fact for said heirs, leased to the City of Pittsburgh certain real estate situated at…
1Opinion of the Court
Opinion by
Kephakt, J.,
The City of Pittsburgh leased from the appellee certain premises, by an agreement which,contained the following clause: “It is......agreed further that the City of Pittsburgh is also to pay all city taxes, or assessments, made against said property by the city, and make all improvements at its own cost and expense.” Sewer and paving were laid in front of the leased premises, assess-*376merits for which were duly made,. liens therefor were filed, and a scire facias sur municipal lien issued thereon; service was had on the defendants in the writs and judgment taken in default…
2Cases cited17 opinions
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Erie City v. ButlerSupreme Court of Pennsylvania · 1888
- Tagg v. BowmanSupreme Court of Pennsylvania · 1882
- Major v. Aldan BoroughSupreme Court of Pennsylvania · 1904
- Brientnall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1883
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3Cited by7 opinions
- Goldstein v. Pittsburgh School DistrictSupreme Court of Pennsylvania · 1952
- In Re CabrilloUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Commonwealth v. GerlachSupreme Court of Pennsylvania · 1943
- Goldstein v. Pittsburgh School DistrictSuperior Court of Pennsylvania · 1952
- Lake Heritage Municipal Authority v. Cunningham, Pennsylvania Court of Common Pleas, Adams County1991
2 more not listed; retrieve them via the Exa API.