City of Philadelphia v. Wells

Lewis, J.,

The defendant is a property owner on Durham Street in Philadelphia. A municipal lien was filed against his property to enforce the payment of an assessment for street paving apportioned in accordance with the front-foot rule, long prevailing under our statutes regulating such local assessments. A scire facias having issued upon the lien, the defendant filed an affidavit of defense, averring, in substance, that the paving for which the assessment was levied was not an original paving of Durham Street; that this highway prior to 1908 was a dirt road and was “first paved in the year…