Philadelphia v. Spring Garden Farmers' Market Co.
Supreme Court of Pennsylvania
Appeal, No. 75, Jan T., 1893, by plaintiff, to use of William A. Nestor, from order of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 583, M. L. D., discharging rule for judgment for want of a sufficient affidavit of Scire facias sur municipal claim.
Read the full summary
Appeal, No. 75, Jan T., 1893, by plaintiff, to use of William A. Nestor, from order of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 583, M. L. D., discharging rule for judgment for want of a sufficient affidavit of Scire facias sur municipal claim. The affidavit of defence was as follows : “ The claim on which this writ issued seeks to enforce a charge against the property therein described, to wit, on the south side of Spring Garden street, between Tenth street and Eleventh street, of which the defendant is the owner, for paving so much of the unpaved space of Spring Garden street as was…
1Opinion of the Court
Pee Curiam,
We are of opinion that under the circumstances of this case the learned court below was justified in refusing to enter judgment for want of a sufficient affidavit of defence. We prefer to let the case go to a jury and to decide the questions involved when it comes up, if it ever should, upon the trial in the court below.
Affirmed.
2Cited by1 opinion
- Borough of Sharpsville v. RandallSuperior Court of Pennsylvania · 1919