Philadelphia v. Electric Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 222, Jan. T., 1902, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1890, No. 708, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia v. Electric Traction Company of Philadelphia. Scire facias sur municipal claim for taxes. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 222, Jan. T., 1902, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1890, No. 708, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia v. Electric Traction Company of Philadelphia. Scire facias sur municipal claim for taxes. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the city assessed a real estate tax for the year 1895 against the company’s power house, amounting to $2,196.08. The company, however, refused to pay the same. The city, upon December 17, 1896,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This appeal was first argued with that of the Philadelphia Traction Company reported in 206 Pa. 35, and the judgments in both cases were affirmed on the supposition that there was no difference in the questions involved. A reargument was granted for the reason afterwards brought to the attention of the court, that the questions raised by the. appeals -were not identical, because the property assessed by the city in this case was the defendant’s power house. The property assessed in Philadelphia v. Traction Company, supra, was a barn used for the storage of cars. The…
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