Punxsutawney Borough v. Carmalt

Citations

• 39 Pa. Super. 650
• 1909 Pa. Super. LEXIS 552

Syllabus

<p>: Affidavit of defense — Practice, C. P. — Municipal lien.</p> <p>1. An affidavit of defense should set forth fully and fairly facts insufficient to show prima facie a good defense, and if it fails to do so, either from omission of essential facts, or from manifest evasiveness in the mode of statement, it will be sufficient to prevent judgment. But if not deficient in either of these respects and on its face fairly sets forth a prima facie defense, it is not to be subjected to close technical examination as if it were a special plea demurred to. Its office is to prevent a summary judgment,' and for that purpose a showing of a defense with certainty to a common intent is sufficient.</p> <p>2. In an action by a borough against a property owner to recover the costs of curbing the street in front of defendant’s premises, an affidavit of defense is sufficient to prevent judgment which denies the existence, passage, certification and promulgation of the ordinance relied upon by the plaintiff as the foundation of the claim.</p>