Philadelphia v. Brady

Opinion by

Mr. Justice Maxey,

Scire facias proceedings were instituted to enforce municipal liens for a sewer construction under the authority of the City of Philadelphia. The defendant, Charles P. Brady, who was the owner of the tract of land through which the sewer system extended, filed his affidavit of defense setting forth that his property was not liable for sewer assessments measured by the foot-front rule, because, as he alleged, it was not urban but rural property. The tract of land was located in the 35th Ward of the City of Philadelphia and consisted of 64 acres.

The issues on three…