Tarentum Borough v. Moorhead
Superior Court of Pennsylvania
Appeal, No. 50, April T., 1904, by defendant, from order of C. P. .No. 2, Allegheny Co., Jan. T., 1902, No. 399, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Tarentum Borough v. Emma Moorhead. Scire facias sur municipal lien for paving. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 50, April T., 1904, by defendant, from order of C. P. .No. 2, Allegheny Co., Jan. T., 1902, No. 399, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Tarentum Borough v. Emma Moorhead. Scire facias sur municipal lien for paving. Rule for judgment for want of a sufficient affidavit of defense. The defendant filed the following affidavit of defense : ■ On September 22, 1898, the burgess and the councils of the borough of Tarentum, Pennsylvania, plaintiff herein, ordained and enacted an ordinance, a copy of which is hereto attached marked “…
1Opinion of the Court
Opinion by
Rice, P. J.,
Section 3 of the Act of April 23, 1889, P. L. 44, provides that no assessment for paving, curbing or macadamizing under the provisions of the act shall be a lien on real estate for more than six months from the time of the “ completion of such work,” unless a claim for the same shall be filed in the office of the prothonotary within that time. Does this mean completion of the work in front of the property subject to the claim filed, or completion of the entire improvement authorized by the ordinance ? A consideration of the context leaves little doubt as to the correct…
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