Philadelphia v. Hafer
Superior Court of Pennsylvania
Appeal, No. 163, Oct. T., 1907, by Mary Hafer, executrix of Charles Hafer, deceased, from order of C. P. No. 3, Phila. Co., Dec. T., 1906, No. 2,054, making absolute rule for judgment for want of a sufficient affidavit of defense in case of city of Philadelphia to use of Barber Asphalt Paving Company v: Charles Hafer. Scire facias sur municipal claim for paving. Before Ferguson, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 163, Oct. T., 1907, by Mary Hafer, executrix of Charles Hafer, deceased, from order of C. P. No. 3, Phila. Co., Dec. T., 1906, No. 2,054, making absolute rule for judgment for want of a sufficient affidavit of defense in case of city of Philadelphia to use of Barber Asphalt Paving Company v: Charles Hafer. Scire facias sur municipal claim for paving. Before Ferguson, J. The facts appear by the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Porter, J.,
This is a scire facias upon a municipal lien for paving Tacony street, under the provisions of an ordinance approved June 30, 1904. An affidavit of defense was filed which the appellant contends averred facts which established that the work was the repaving of a city street and not an original paving for which the property owner was liable. The court below made absolute a rule for judgment for want of a sufficient affidavit of defense, and the defendant appeals.
The affidavit of defense contained the following material averments. Tacony street was formerly known as State…
2Cases cited8 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Alcorn v. City of PhiladelphiaSupreme Court of Pennsylvania · 1886
- Dick v. PhiladelphiaSupreme Court of Pennsylvania · 1901
- Philadelphia v. BakerSupreme Court of Pennsylvania · 1891
- Harrisburg v. FunkSupreme Court of Pennsylvania · 1901
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3Cited by15 opinions
- Pottsville v. JonesSuperior Court of Pennsylvania · 1916
- Philadelphia to Use v. BurkSupreme Court of Pennsylvania · 1926
- Hanna v. Chester TimesSupreme Court of Pennsylvania · 1933
- Philadelphia, to Use v. MullerSupreme Court of Pennsylvania · 1928
- Philadelphia to Use of MacK Paving & Construction Co. v. HeyerSuperior Court of Pennsylvania · 1922
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