Philadelphia v. Baker
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 132 July Term 1890, Sup. Ct.; court below, No. 111 M. L. D., C. P. No. 2. On August 30,1889, the city of Philadelphia, to use of John M. Mack, issued a scire facias sur municipal claim for paying, etc., against a lot of ground, etc., on Miller street, owned by Emily M. Baker.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 132 July Term 1890, Sup. Ct.; court below, No. 111 M. L. D., C. P. No. 2. On August 30,1889, the city of Philadelphia, to use of John M. Mack, issued a scire facias sur municipal claim for paying, etc., against a lot of ground, etc., on Miller street, owned by Emily M. Baker. The claim set out the right to recover from the defendant, as owner or reputed owner of said lot of ground, the sum of @546.21, the cost of 245.96 square yards of cartway paving with vitrified bricks, including measuring charges and…
1Per curiam
It is a settled rule that whatever is contained in an affidavit of defence must be treated as verity upon a motion for judgment. And we may assume, as a general proposition, that a defendant will state his case as strongly in such affidavit as the facts will warrant. The converse of the above rule is that we cannot supply omissions in the affidavit, if there be any. We cannot presume that facts exist, essential to the defence, if they are not averred. A defective affidavit may be, and often is, cured below by filing a supplemental one; but, when the case reaches this court upon appeal, we…
2Cited by11 opinions
- Philadelphia ex rel. Mack v. EddlemanSupreme Court of Pennsylvania · 1895
- Philadelphia v. HaferSuperior Court of Pennsylvania · 1909
- General Municipal Authority v. YuhasSuperior Court of Pennsylvania · 1990
- Borough of Fairview v. Property Located at Tax Index No. 48-67-4Commonwealth Court of Pennsylvania · 1982
- Philadelphia v. PachelliSuperior Court of Pennsylvania · 1950
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