Philadelphia v. Coates
Superior Court of Pennsylvania
Appeal, No. 58, Oct. T., 1901, by defendant, from order of C. P. No. 1, Piula. Co., June T., 1897, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of city of Philadelphia v. H. Crawford Coates. Scire facias sur municipal claim for a sewer. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 58, Oct. T., 1901, by defendant, from order of C. P. No. 1, Piula. Co., June T., 1897, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of city of Philadelphia v. H. Crawford Coates. Scire facias sur municipal claim for a sewer. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that on November 18,1896, the defendant owned fifty-six lots of ground fronting on the north and south sides of Stewart street, between Twenty-fourth and Twenty-fifth streets. On November 19, 1896, Donnelly &…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is argued by the defendant that where sewer assessments exceed in the aggregate the cost of the improvement, the city of Philadelphia cannot collect the excess, and thus make a profit out of the work. This is the only question upon which we are asked to pass although others are suggested in the affidavit of defense. The counsel for the city reply that the defendant will not be permitted to show that the cost of the improvement was less than the assessments where the assessments have been made in compliance with the acts of assembly (Act of March 27,1865, P. L. 791,…
2Cases cited3 opinions
- Philadelphia v. JewellSupreme Court of Pennsylvania · 1890
- Stroud v. City of PhiladelphiaSupreme Court of Pennsylvania · 1869
- Lea v. PhiladelphiaSupreme Court of Pennsylvania · 1876
3Cited by2 opinions
- Philadelphia v. TownsendSupreme Court of Pennsylvania · 1911
- Kilcullen v. WebsterSuperior Court of Pennsylvania · 1916