Scranton City v. Stokes
Superior Court of Pennsylvania
Appeal, No. 29, Jan. T., 1905, by plaintiff,_ from order of C. P. Lackawanna Co., May T., 1903, No. 733, quashing writ of scire facias in case of City of Scranton v. P. W. Stokes. Scire facias sur municipal claim for paving. Before Kelly, J. The opinion of the Superior Court states the case. Error assigned was the order of the court quashing the writ.
1Opinion of the Court
Opinion by
Henderson, J.,
The lien in this case was filed under the provisions of the act of May 23, 1889, P. L. 277. The 22nd section of Art. xv. of that act authorizes the collection of such claims by a personal action against the owner “ or proceedings thereon may be had by scire facias similar to the proceedings in the case of mechanics’ claims. The plaintiff elected to proceed against the property. The form of a writ of scire facias on a mechanic’s lien is prescribed by the 15th section of the Act of June 16, 1836, P. L. 695. The writ is directed to the sheriff, reciting the record and…
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