Philadelphia v. Edmonds
Superior Court of Pennsylvania
Appeal, No. 200, Oct. T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., March T., 1914, No. 4043, M. L. D., on verdict for plaintiff in case of City of Philadelphia, to use of Union Paving Company, v. Sara B. Edmonds. Scire facias sur municipal lien to recover an assessment for paving a street with stone.
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Appeal, No. 200, Oct. T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., March T., 1914, No. 4043, M. L. D., on verdict for plaintiff in case of City of Philadelphia, to use of Union Paving Company, v. Sara B. Edmonds. Scire facias sur municipal lien to recover an assessment for paving a street with stone. Before Shoemaker, J. The facts are stated in the opinion of the Superior Court. ' . Verdict and judgment for plaintiff for $596.98. Defendant appealed. I Error assigned, among others, was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Poster, J.,
The action was scire facias sur municipal lien. The assignee of the city sought to recover from the defendant her proportionate share of the cost of paving the street on which her property abutted. The paving was done under a city ordinance enacted in 1913. No contest is raised as to the facts the street was paved, the assessment regularly laid, or that the property of the defendant was improved thereby to the extent of the assessment. The sole ground of defense was that the city had previously laid a first pavement on the street and paid for the improvement out of the…
2Cases cited2 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909