Scranton v. Manley
Superior Court of Pennsylvania
Appeal, No. 43, Jan. T., 1900, by-defendants in a suit of the city of Scranton against the heirs of James Manley, deceased, from order of C. P. Lackawanna Co., Sept. T., 1892, No. 1181, discharging rule to show cause why the return of the sheriff should not be set aside and judgment stricken off.
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Appeal, No. 43, Jan. T., 1900, by-defendants in a suit of the city of Scranton against the heirs of James Manley, deceased, from order of C. P. Lackawanna Co., Sept. T., 1892, No. 1181, discharging rule to show cause why the return of the sheriff should not be set aside and judgment stricken off. Opinion by W. D. Porter, J. Rule to show cause why the return of the sheriff of a writ of scire facias sur municipal lien should not be set aside and the judgment thereon be stricken off. The facts sufficiently appear in the opinion of the court. The court below entered the following order :…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The city of Scranton filed a municipal lien against the pro- ■ perty of the defendant for paving in front of his property on 'Washington avenue, in said city. On September 24, 1892, a *442scire facias was issued upon said municipal claim, returnable to the first Friday of October, 1892, and the sheriff made return to said writ “ that on the 28th day of September, 1892, I served the within writ on the within-named James Manley,” etc. On October 11,1892, the plaintiff entered judgment for want of an appearance and affidavit of defense. No further action was taken in the…
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