Philadelphia v. Pennsylvania Co. for the Instruction of the Blind
Supreme Court of Pennsylvania
Appeal, No. 257, Jan. T., 1905, by defendant, from judgment of Superior Court, Oct. T., 1903, No. 245, reversing judgment of C. P. No. 1, Phila. Co., Sept. T., 1898, No. 868, M. L. D. discharging rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia v. Pennsylvania Institution for the Instruction of the Blind. Appeal from Superior Court, see 28 Pa. Superior Ct. 421. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 257, Jan. T., 1905, by defendant, from judgment of Superior Court, Oct. T., 1903, No. 245, reversing judgment of C. P. No. 1, Phila. Co., Sept. T., 1898, No. 868, M. L. D. discharging rule for judgment for want of a sufficient affidavit of defense in case of City of Philadelphia v. Pennsylvania Institution for the Instruction of the Blind. Appeal from Superior Court, see 28 Pa. Superior Ct. 421. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The appeal to the Superior Court was from an order of the common pleas discharging a rule for judgment for want of a sufficient affidavit of defense in a proceeding by the city on a claim for taxes for the year 1897. It was alleged in the affidavit of defense that the defendant conducted a school for the blind, founded, endowed and maintained by public charity and open to all blind persons in need of instruction; that in 1896 it purchased for the use of the school the land against which the tax claim was filed, andón July 29,1897, it began the erection of school…
2Cases cited2 opinions
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