Philadelphia to Use of MacK Paving & Construction Co. v. Neely

Opinion by

Porter, J.,

This is an action of scire facias sur municipal claim for paving, assessed according to *the foot-front rule. The court below made absolute a rule for judgment for want of a sufficient affidavit of defense and the defend' ant appeals.

The only defense averred in the affidavit was that the property was rural and not subject to assessment under the foot-front rule. The reason stated in the opinion of the learned judge of the court below, for making the rule absolute, was that the affidavit did not state sufficient facts, with regard to the character of the property involved,…