City of Chester v. Holden

Citations

• 73 Pa. Super. 465
• 1920 Pa. Super. LEXIS 41

Syllabus

<p>Municipalities — Streets—Second'paving—Assessments—Affidavit of defense.</p> <p>In an action to collect assessments for street paving, an affidavit of defense is sufficient which alleges, substantially, that the street in question had been formerly paved by the city with a view to making it a permanent improved city street; that the work so done by the city consisted primarily of grading the roadway, by macadamizing the same, first, by putting large stones on the bottom and smaller stones thereon, and then a top dressing.</p> <p>It is not the obligation of a defendant, in filing an affidavit of defense to set forth the evidence by which he expects to prove the facts averred, to the end that the court may, in limine, determine questions as to the competency of witnesses or the admissibility and sufficiency of the evidence to be produced. Nor is it necessary that he should aver, in any particular set form of words, the essential facts which constitute his defense.</p>