Legal Opinion

City of Chester ex rel. Ross v. Eyre

Supreme Court of Pennsylvania

Decided April 8, 1895No. Appeal, No. 439PublishedCited by 1 opinion

Appeal, No. 439, Jan. T., 1895, by defendants, from order of C. P. Delaware Co., June T., 1893, No. 87, making absolute a rule for judgment for want of a sufficient affidavit of defense. Scire facias sur municipal lien. The material portions of the affidavit of defense and supplemental affidavit of defense are quoted in the opinion of the Supreme Court. The court made absolute a rule for judgment for want of

1Opinion of the Court

Opinion by

Mr. Justice Fell,

Judgment was entered for want of a-sufficient affidavit of defense in a proceeding by scire facias upon a municipal lien for paving. The lien was filed in the name of the city of Chester to the use of the contractor who did the work. It is stated in the affidavit of defense “ that said paving was not done by the city of Chester, nor in pursuance of its authority, but was done as your deponent believes and expects to be able to prove by one Michael Ross, the use plaintiff in the above case, on his own motion and without the authority of the city to do so.” And in the…

2Cited by1 opinion

  1. City of Chester ex rel. Ross v. EyreSupreme Court of Pennsylvania · 1897

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