City of Phila. v. Subin Subin

Opinion by

Porter, J.,

This is an action of scire facias sur municipal claim for paving a sidewialk. The defendants challenged the right of plaintiff to recover upon the following grounds; (1) That no notice had been served by the city authorities upon the owners to do the work; and (2) That the notice alleged by the plaintiff to have been served was not in such form as to authorize a recovery for the work which was done.

The claim filed averred that notice had been served. The averments of the claim were prima facie evidence of the facts therein stated. The affidavit of defense admitted that…