City of Johnstown v. Dibert

Opinion by

Porter, P. J.,

The City of Johnstown having graded and paved a street, instituted a proceeding, under the provisions of the statutes, to cause the assessment of benefits and damages to abutting property resulting from the improvement and the property here involved was assessed for benefits in the sum of $1,659. The report of viewers was confirmed absolutely, and the city in due time and in proper form filed a lien against the property for the amount of the assessment. This is an action of scire facias upon that lien. The terre tenant, Kittell, filed an affidavit of defense, which the…