Erie City v. Y. M. C. A. Ass'n
Supreme Court of Pennsylvania
Appeal, No. 438, Jan. T., 1892, by plaintiff, from judgment of C. P. Erie Co., May T., 1892, No. 118, discharging rule for judgment for want of a sufficient affidavit of defence. Rule for judgment for want of a sufficient affidavit of defence on sci. fa. sur municipal lien for construction of sewer. The affidavit of defence is recited in the opinion of the Supreme Court.
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Appeal, No. 438, Jan. T., 1892, by plaintiff, from judgment of C. P. Erie Co., May T., 1892, No. 118, discharging rule for judgment for want of a sufficient affidavit of defence. Rule for judgment for want of a sufficient affidavit of defence on sci. fa. sur municipal lien for construction of sewer. The affidavit of defence is recited in the opinion of the Supreme Court. The affidavit contains the following additional averments: Defendant “ has for a large number of years last past provided upon its said premises a free reading room, public library and free lectures, also regular stated…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
This scire facias issued on a municipal claim for constructing a sewer in Tenth street, between State and Sassafras streets, city of Erie, the cost of which was assessed, according to the foot front rule, on property fronting on that portion of said Tenth street. Assuming that the proceedings, leading up to the assessment, filing claim, etc., were regular, and that prima facie its property was subject to the lien, defendant association alleges in its affidavit of defence that said property is wholly exempt from taxation and hence not liable to the lien, etc. It…
2Cases cited2 opinions
- Philadelphia v. Women's Christian Ass'nSupreme Court of Pennsylvania · 1889
- City of Erie v. First Universalist ChurchSupreme Court of Pennsylvania · 1884
3Cited by3 opinions
- Western Clinton County Municipal Authority v. Estate of RosamiliaCommonwealth Court of Pennsylvania · 2003
- Shea v. WellsSuperior Court of Pennsylvania · 1898
- Arnold v. StonerSuperior Court of Pennsylvania · 1901