City of Johnstown v. Howarth

Opinion by

Cunningham, J.,

The single question involved on this appeal is whether 'the court below erred in discharging the rule of the City of Johnstown for judgment for want of a sufficient affidavit of defense to its municipal claim against the property of Caleb Howarth for the grading, curbing and paving of Middle Avenue in that city.

Appellee is the owner of a lot fronting approximately 28 feet on Ebensburg’ Road and extending back, of even width, about 87 feet to Middle Avenue in the rear. The improvement was completed December 11, 1926, and two-thirds of the cost and expense of grading…