Philadelphia v. Baker
Decision Date | 16 February 1891 |
Docket Number | 132 |
Parties | PHILADELPHIA, TO USE, v. E. L. BAKER |
Court | Pennsylvania Supreme Court |
Argued January 16, 1891
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY.
No. 132 July Term 1890, Sup. Ct.; court below, No. 111 M.L.D., C.P No. 2.
On August 30, 1889, the city of Philadelphia, to use of John M Mack, issued a scire facias sur municipal claim for paving etc., against a lot of ground, etc., on Miller street, owned by Emily M. Baker. The claim set out the right to recover from the defendant, as owner or reputed owner of said lot of ground, the sum of $546.21, the cost of 245.96 square yards of cartway paving with vitrified bricks, including measuring charges and collection commissions, "which said paving was done pursuant to a contract made under the authority and in accordance with the provisions of an ordinance of the city, approved June 25, 1888, Ordinances of 1888, p. 194, and is charged at the contract price; and said bill for said paving was served on the owner of said lot more than thirty days prior to the filing hereof, in accordance with the provisions of the ordinance approved May 3, 1855."
The defendant filed an affidavit of defence averring as follows:
On May 24, 1890, a rule for judgment for want of a sufficient affidavit of defence was made absolute. Judgment for the plaintiff having been entered, the defendant took this appeal, assigning the order making absolute the rule for judgment, for error.
Judgment affirmed...
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