Philadelphia v. Clark
Supreme Court of Pennsylvania
Appeal, No. 85, Jan. T., 1921, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1918, No. 2630, M. L. D., making absolute rule for judgment for want of sufficient affidavit of defense, in case of City of Philadelphia to use of the Barber Asphalt Paving Co. v. William T. Clark. Scire facias sur municipal lien for paving street. Buie for judgment for want of sufficient affidavit of defense. The opinion of the Supreme Court states the facts.
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Appeal, No. 85, Jan. T., 1921, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1918, No. 2630, M. L. D., making absolute rule for judgment for want of sufficient affidavit of defense, in case of City of Philadelphia to use of the Barber Asphalt Paving Co. v. William T. Clark. Scire facias sur municipal lien for paving street. Buie for judgment for want of sufficient affidavit of defense. The opinion of the Supreme Court states the facts. The court in an opinion by Shoemaker, J., made the rule absolute. Defendant appealed. Error assigned, among others, was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
The lien which gives rise to the controversy in this case was filed by the City of Philadelphia, to the use of a paving company, against appellant, for original street paving in front of a property belonging to him on Chelten Avenue. In the affidavit of defense, liability was denied, on the ground that certain ordinances of the city relieved property owners on the avenue named, from payment of the cost of its original paving.
In the year 1889 a street railway company was incorporated with authority to lay its tracks in Chelten Avenue ; and the ordinance granting…
2Cases cited1 opinion
- Philadelphia v. EvansSupreme Court of Pennsylvania · 1891
3Cited by3 opinions
- Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926
- Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928
- City of Philadelphia ex rel. Union Paving Co. v. Watts, Pennsylvania Court of Common Pleas, Philadelphia County1928