Philadelphia to Use of MacK Paving & Construction Co. v. Heyer

Opinion by

Porter, J.,

This is an action of scire facias sur municipal claim for paving. The court below entered judgment for want of a sufficient affidavit of defense, and the defendant appeals. The defendant, by his affidavit, attempted to set up two grounds of defense: (1) that the work for which the assessment was made was not the original paving of the street, but a repaving of what had long been a city street, and (2) that the property was rural in character, and, therefore, not subject to assessment by the foot-front rule, which had been applied in this proceeding.

The affidavit asserted…