Philadelphia v. Armstrong

Citations

• 16 Pa. Super. 55
• 1901 Pa. Super. LEXIS 14

Syllabus

<p>Municipal liens — Sewer—Time of filing — Act of April 16, 1845, P. L. 488.</p> <p>Under the act of April 16, 1845, a municipal lien which is filed, not only more than six months from the date of the completion of the work in front of the premises subject to lien, but also more than six months from the date of the completion of the entire improvement, is invalid.</p> <p>The act of July 26, 1897, granting that its retroactive provisions should he considered valid, does not dispense with the proof that the work claimed for was duly authorized.</p> <p>Where an affidavit of defense to a scire facias on a municipal lien for a sewer, expressly avers that the construction of the sewer was not authorized by law, there is sufficient notice that proof of the specific authority for the construction of the sewer and the assessment for the cost thereof upon the abutting properties, will not be dispensed with on the trial.</p> <p>Affidavit of defense — Practice, G. P. — Issue—Pleadings.</p> <p>Where there is no rule oí court providing that material averments of fact in the statement of claim not directly and specifically denied in the affidavit of defense shall be taken as admitted on the trial, the issue is made by the pleadings proper.</p> <p>Where an affidavit of defense has not been offered in evidence, it cannot be read to, or considered by the jury, as an admission of facts essential to recovery by the plaintiff.</p>