City of Philadelphia v. Union Burial Ground Society
Supreme Court of Pennsylvania
Appeal, No. 186, July T., 1895, by defendant, from order of C. P. No. 1, Phila. Co., Dee. T., 1889, No. 605, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur municipal claim.
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Appeal, No. 186, July T., 1895, by defendant, from order of C. P. No. 1, Phila. Co., Dee. T., 1889, No. 605, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur municipal claim. The claim was as follows : “ The City of Philadelphia hereby files its claim against all that certain lot or piece of ground used as the Union Burial Ground, situate on the west side of Parker street, extending northward from the north side of Federal street in 2nd ward of City of Philadelphia containing in front or breadth on said Parker street 376 feet of a foot and…
1DissentJustice Williams
This appeal is from a judgment entered in the court below for want of a sufficient affidavit of defense. To determine the sufficiency of the affidavit it is important to consider in the first place the character of the plaintiff’s claim; next the facts set ■out in the affidavit as the ground of defense; and finally, the rules of law applicable to the facts so averred.
The plaintiff’s claim is upon a municipal lien filed against a plot of ground now under the care of, and at one time many years ago, belonging to, the defendant society. This lien was filed for the cost of laying a water pipe or…
2Cases cited2 opinions
- Philadelphia v. Pennsylvania HospitalSupreme Court of Pennsylvania · 1893
- Philadelphia v. Church of St. JamesSupreme Court of Pennsylvania · 1890