Prospect Park Borough v. McCoach
Superior Court of Pennsylvania
Appeal, No. 149, Oct. T., 1912, by defendant, from order of C. P. Delaware Co., March T., 1910, No. 354, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Prospect Park Borough to use of James Traquair Lang, Assignee of John L. Galloway, v. William McCoach. Scire facias sur municipal lien. Before Johnson, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 149, Oct. T., 1912, by defendant, from order of C. P. Delaware Co., March T., 1910, No. 354, M. L. D., making absolute rule for judgment for want of a sufficient affidavit of defense in case of Prospect Park Borough to use of James Traquair Lang, Assignee of John L. Galloway, v. William McCoach. Scire facias sur municipal lien. Before Johnson, P. J. The opinion of the Superior Court states the case. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Per Curiam,
This appeal is from judgment for want of a sufficient affidavit of defense upon a scire facias upon a municipal claim for constructing a sidewalk. The claim was filed against “all that certain lot or piece of ground,” which, after being specifically described, was stated to be lots numbered 377 to 385 as marked on a map of Prospect *528Park recorded in the office for recording deeds. It is not disputed that these lots are contiguous; nor is it alleged that they are held by separate titles, or are used for separate and distinct purposes. Further, the improvement for which the claim was…
2Cases cited2 opinions
- City of Chester ex rel. Ross v. EyreSupreme Court of Pennsylvania · 1897
- York City v. BeitzelSuperior Court of Pennsylvania · 1909
3Cited by1 opinion
- Borough of Dunmore v. ConradSuperior Court of Pennsylvania · 1921