City of New Castle v. Berger's Heirs

Citations

• 74 Pa. Super. 548
• 1920 Pa. Super. LEXIS 193

Syllabus

<p>Municipal liens — Name of owner — Sufficiency.</p> <p>A municipal lien may be filed against the heirs of a decedent without giving their specific names. A lien filed against “George B. Berger’s heirs, owners or reputed owners,” is valid.</p> <p>Municipal liens — Amendment—Act of June 4, 1901, P. L. 864, section 85.</p> <p>Under the authority of section 35 of the Act of June 4,1901, P. L. 364, an amendment to a municipal lien may be made by adding the word “opening” when the lien was filed following an assessment for the opening and grading of a street. The lien being regular on its face, the omission of the word “opening” did not afford a valid reason for striking off the lien, as the omission was a mistake in the description of the subject of the assessment and plainly comes within the provision of section 35 of the Act of June 4, 1901, P. L. 64. It was not the introduction of a new cause of action.</p> <p>Where omissions are made in a municipal lien, even though they be of what might be regarded as material facts, they may be supplied or amended unless new rights intervene, or an entirely different property is charged.</p> <p>Stare decisis — Effect of judgment or decree affirmed by divided court.</p> <p>A judgment or a decree of a lower court, affirmed in the Superior Court by a divided court, is not a decree or judgment of the Superior Court, in support of which the rule of stare decisis can be successfully invoked.</p>