Philadelphia, to Use v. Muller

Opinion by

Mr. Justice Kephart,

This appeal is from a judgment directed to be entered for want of a sufficient affidavit of defense in a sci. fa. sur municipal lien for street paving.. Appellant’s reasons for resisting the claim are, (1) that the street was originally paved by the West Philadelphia Passenger Bailway Co., thus relieving appellant’s property from further liability for repaving, and (2) the city, in accepting from the successor of the West Philadelphia Passenger Railway Co. a large sum of money in payment of the obligation to pave the street in front of appellant’s property,…