York City v. Miller
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1915, by defendant, from judgment of C. P. York Co., Jan. T., 1912, No. 125, on verdict for plaintiff in case of City of York to use of A. B. Kraft v. Charles E. Miller. Scire facias sur municipal lien for paving. Before Ross, J. At the trial when the defendant was on the stand the following offer was made: Mr. Glessner.
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Appeal, No. 6, March T., 1915, by defendant, from judgment of C. P. York Co., Jan. T., 1912, No. 125, on verdict for plaintiff in case of City of York to use of A. B. Kraft v. Charles E. Miller. Scire facias sur municipal lien for paving. Before Ross, J. At the trial when the defendant was on the stand the following offer was made: Mr. Glessner. We propose to show by the witness on the stand that in December, 1911, and before that time, he was residing in the City of York, Pennsylvania; that A. B. Kraft, the use-plaintiff, did not give him a written notice that he should pay the bill for this…
1Opinion of the Court
Opinion by
Trexler, J.,
Section 9 of the Act of June 4, 1901, P. L. 364, provides in regard to municipal claims: “Where claims are *412to be filed to use, the claimant, at least one month before the claim is filed, shall serve a written notice of Ms intention to file it unless the amount due-is paid. Service of such notice may be made personally on the owner wherever found; but if he cannot be served in the county where the property is situated, such notice may be served on his agent or the party in possession of the property, and if there be no agent or party in possession, it may be posted on the…
2Cases cited12 opinions
- Flegal v. HooverSupreme Court of Pennsylvania · 1893
- Hibert v. LangSupreme Court of Pennsylvania · 1895
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Lybrandt v. EberlySupreme Court of Pennsylvania · 1860
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