Scranton City v. Watson

Citations

• 61 Pa. Super. 86
• 1915 Pa. Super. LEXIS 273

Syllabus

<p>Municipal lien — Affidavit of defense — Parties,</p> <p>Where a scire facias sur municipal lien for paving is filed against a man, described as owner or reputed owner, and against a woman of the same name described as real owner, and the man files an affidavit of defense in which he avers that he was not, and never had been a terre tenant in possession or otherwise, and the woman files an affidavit of defense in which she positively denies that she ever had notice of the meeting- of viewers, or of the filing of the lien or of an intention to file a lien, the court cannot assume that as the man and woman had the same name, and lived on the premises, that they were man and wife, and that the notice to the man must have been within the knowledge of the woman.</p> <p>In such a case the appellate court in reversing the judgment entered for want of sufficient affidavits of defense will reverse the judgments both as to the man and the woman so that there may be a' trial on the scire facias as to both defendants.</p> <p>In disposing of a rule for judgment for want of a sufficient affidavit of defense, nothing is before the court except tbe plaintiff’s statement and the defendant’s affidavit in reply to it.</p>