Meadville City v. Odd Fellows' Home

Opinion by

Parker, J.,

This is an action by a writ of scire facias sur municipal lien and the appeal to this court is from an order discharging a rule to show cause why a judgment should not be entered for plaintiff for want of a sufficient affidavit of defense. The only question involved is whether the defendant is by a provision in its charter exempted from liability for a claim arising from the construction of a sewer in the city of Meadville and in a street on which defendant’s property fronted.

The defendant was incorporated by the special act of April 3, 1872, P. L. 880, for the purpose of…