Carrick v. Canevin
Supreme Court of Pennsylvania
Appeal, No. 68, Oct. T., 1913, by defendant, from judgment of O. P. Allegheny Co., July T., 1912, No. 2966, Docket B, discharging rule for judgment for want of a sufficient affidavit of defense, in case of the Borough of Carrick v. Rt. Rev. Regis Canevin, Trustee of St. Joseph’s Congregation. ■ )Scire facias sur municipal claim for grading, curbing and paving. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 68, Oct. T., 1913, by defendant, from judgment of O. P. Allegheny Co., July T., 1912, No. 2966, Docket B, discharging rule for judgment for want of a sufficient affidavit of defense, in case of the Borough of Carrick v. Rt. Rev. Regis Canevin, Trustee of St. Joseph’s Congregation. ■ )Scire facias sur municipal claim for grading, curbing and paving. Rule for judgment for want of a sufficient affidavit of defense. Before Caknahan, J. The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed. Error assigned was in discharging the rule. The…
1Opinion of the Court
Opinion by
Mr. Justice Moschziskeb,
The plaintiff borough has appealed from an order discharging a rule for judgment for want of a sufficient affidavit of defense to a sci. fa. sur municipal claim for grading, paving and curbing a certain road in front of a cemetery property owned by the intervening defendant.
The claim was originally filed against the “Rt. Rev. Regis Canevin, trustee for St. Joseph’s Congregation,” but the cestui que trust was subsequently permitted to intervene: The trustee filed an affidavit of defense in which he averred that St. Joseph’s Congregation was an unincorporated…
2Cases cited10 opinions
- Krauczunas v. HobanSupreme Court of Pennsylvania · 1908
- City of Corry v. Corry Chair Co.Superior Court of Pennsylvania · 1901
- Mazaika v. KrauczunasSupreme Court of Pennsylvania · 1911
- Second StreetSupreme Court of Pennsylvania · 1894
- Hershberger v. City of PittsburghSupreme Court of Pennsylvania · 1887
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3Cited by9 opinions
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- City of New Castle v. Berger's HeirsSuperior Court of Pennsylvania · 1920
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- Veech v. Trustees of Trinity Episcopal Church, Pennsylvania Court of Common Pleas, Fayette County1922
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