Philadelphia v. Phillips

Opinion by

Woodside, J.,

This is an appeal from an order of the Court of Common Pleas of Philadelphia County refusing to enter judgment for want of a sufficient affidavit of defense to a municipal claim. It involves the interpretation of a city ordinance.

The defendants own property abutting Upsal Street, Philadelphia. The street has a width of 52 feet. A middle strip of 33 feet of this street was paved by the city in 1943, and the cost of one-half, or 16% feet, of this paving was assessed against the predecessors in title to the premises now owned by the defendants.

Once a city has assessed…