Allentown v. Ackerman

Citations

• 37 Pa. Super. 363
• 1908 Pa. Super. LEXIS 291

Syllabus

<p>Corporations — Foreign corporations — Registration of agent in office— Right to sue — Municipal contract — Municipal lien — Scire facias.</p> <p>Where a foreign corporation duly registers an office and an agent in the manner prescribed by the Act of April 22, 1874, P. L. 108, and thereafter performs a municipal contract for paving in a county other than the county in which its designated office was located, the fact that the company did not file in the office of the secretary of the commonwealth a statement, or an amendment to a former statement, designating an office in the county where the work was done and an agent for the transaction of its business therein, is not a bar to recovery by a scire facias upon a rnunicipal claim for an assessment against the landowner’s property, the claim having been filed, and the scire facias issued in the name of the city to the use of the contracting corporation. In such a case the rights of the legal plaintiff alone can be regarded and must prevail.</p> <p>Road law — Paving—Municipal claim — Averments of claim — Acts of May 23, 1889, P. L. 277, May 16, 1891, P. L. 75, and June 4, 1901,. P. L. 364.</p> <p>Where a municipal claim contains the averments required by the Act of June 4, 1901, sec. 11, P. L. 364, it is not necessary for the plaintiff in the scire facias on the claim, to disprove allegations of the affidavit . of defense to the effect that the city engineer did not make a certificate stating the time of the completion of the improvement, and file the statement with the city clerk, and that no notice was given to the defendant of the time and place of making the assessment. Such facts need not be averred in the claim.</p> <p>It is not necessary under the Acts of May 23, 1889, P. L. 277, and May 16, 1891 P. L. 75, for a municipal claim for paving to state the materials of which the pavement was constructed.</p> <p>Where the affidavit accompanying the claim is not made by the person designated by section 11 of the act