Watson v. City of Philadelphia ex rel. Adams
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia, county: Of January Term 1877, No. 77. Scire facias by the city of Philadelphia to the use of Francis S. Adams against George N. Watson and B. S. Hunt, executors of John H. Jones, deceased, and William H. Kern, owners, on a municipal claim on the front of defendants’ corner property on Market street, Philadelphia. The defendants pleaded no lien, nil debet, payment with leave, set-off, &c.
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Error to the Court of Common Pleas, No. 4, of Philadelphia, county: Of January Term 1877, No. 77. Scire facias by the city of Philadelphia to the use of Francis S. Adams against George N. Watson and B. S. Hunt, executors of John H. Jones, deceased, and William H. Kern, owners, on a municipal claim on the front of defendants’ corner property on Market street, Philadelphia. The defendants pleaded no lien, nil debet, payment with leave, set-off, &c. The lien filed set forth merely the names of plaintiff and defendant; description of the property, number of square yards of paving and the price.…
1Opinion of the CourtJustice Paxson
This was a scire facias upon a city claim for paving a sidewalk. There was no allegation that the work was not well done; on the contrary, one of the defendants testified that it was done properly, and that he wanted to pay for it. Payment, however, was resisted on behalf of one of the joint-owners upon two grounds : 1. That the pavement was not laid of the full width required by the ordinance, and 2. That there was no proof the owners had been previously notified to pave by the city authorities.
It was not disputed that under the ordinances of councils this sidewalk should have been paved to…
2Cited by4 opinions
- Erie City v. ButlerSupreme Court of Pennsylvania · 1888
- City of Pittsburgh v. MacConnellSupreme Court of Pennsylvania · 1889
- Williamsport v. HughesSuperior Court of Pennsylvania · 1902
- Houser & Green v. MatsingerSuperior Court of Pennsylvania · 1931