City of Philadelphia ex rel. Johnson v. Wistar
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1879, No. 37. Scire facias sur claim for curbing, filed by the city of Philadelphia, to the use of Joseph Johnson and others, against a lot of ground on the east side of Broad street, above Race street, and Richard Wistar, owner. The claim was for work done and materials furnished in laying one hundred and twenty-one feet of curbstone in front of said lot.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1879, No. 37. Scire facias sur claim for curbing, filed by the city of Philadelphia, to the use of Joseph Johnson and others, against a lot of ground on the east side of Broad street, above Race street, and Richard Wistar, owner. The claim was for work done and materials furnished in laying one hundred and twenty-one feet of curbstone in front of said lot. The defendant, in brief, pleaded, 1. Nil debet. 2. Payment with leave. 3. That the work was done without authority of law. 4. That before the work was done…
1Opinion of the Court
The judgment of the Supreme Court was entered, January 19th 1880,
2Per curiam
This case is ruled by Wistar v. The City, 30 P. F. Smith 505. If any plea raised a sufficient defence, and that plea was admitted in fact by a demurrer, the court were clearly right in entering judgment for the defendant upon the whole record. Now the fourth plea set up the facts which, in Wistar v. The City, were held to constitute a good defence to the claim. It was objected that the plea was double and could not be replied to issuably. But a plea may suggest many facts when they all go to make up a single defence: Blair v.…
3Cited by2 opinions
- Philadelphia ex rel. Parker v. HenrySupreme Court of Pennsylvania · 1894
- Reading City v. HeilmanSuperior Court of Pennsylvania · 1902