Philadelphia to Use v. Burk

Opinion by

Me. Justice Sadlee,

The municipal liens which give rise to the controversy now presented were filed by the City of Philadelphia, to the use of a paving company, against Burk, appellant in two cases, which were heard together and may be disposed of in one opinion. The claims were for original paving with asphalt in front of defendant’s properties on Adams Avenue. Proceedings to collect were instituted, and affidavits of defense and replies thereto were filed. Whether the new construction should be eonsideired original paving, and, if so, whether the liability for the expenditure had…