City of Philadelphia ex rel. McHugh v. Morone

Taulane, J.,

This matter comes before the court on a demurrer to a municipal claim and the scire facias issued thereon. The defendant entered a motion to strike off the claim- for defects appearing on the face of the claim, to which the plaintiff filed an answer. The motion was dismissed and the plaintiff then issued a scire facias, to which a demurrer has been filed.

As the motion to strike off the claim was based on defects in the claim itself, no answer should have been filed, and the answer filed has no proper place in the record. Issues of fact cannot be raised by an answer to a petition…