York City v. Beitzel

Citations

• 41 Pa. Super. 194
• 1909 Pa. Super. LEXIS 31

Syllabus

<p>Municipal lien — Sidewalks—Cities of the third class — Statement of claim — Affidavit of defense — Acis of May 23, 1889, P. L. 277, May 16, 1891, P. L. 75, and June 4, 1901, P. L. 364 — Ownership of street — Life estate.</p> <p>1. A municipal claim filed against property in a city of the third class for the construction of a brick sidewalk in front of such property, which shows on its face that it was filed under the provisions of the Act of June 4, 1901, P. L. 364, and by virtue of the Acts of May 23, 1889, P. L. 277, and May 16, 1891, P. L. 75, and their supplements, and sets forth in detail everything required by sec. 11 of the act of June 4,1901, is sufficient to require the defendant to file an affidavit of defense to a scire facias issued upon the claim provided for by secs. 18 and 19 of the statute. In such a case an averment in the affidavit of defense that the pavement is not upon the property of the defendant, but upon the property of the city, is immaterial,</p> <p>2. The property which directly abuts upon a public street is subject to the charge for the construction and maintenance of the sidewalk directly in front thereof, without regard to whether the owner of the property is also possessed of the fee in the land over which the street is located.</p> <p>3. A life tenant is an owner within the provisions of sec. 1 of the Act of June 4, 1901, P. L. 364, and his estate is properly chargeable for the construction of a sidewalk in front of the property.</p> <p>4. It is no defense against a municipal lien filed for the construction of a sidewalk along a public highway actually opened and used as such, that the municipality had adopted a plan which if carried into effect by proper municipal action would result in the widening of the highway.</p> <p>5. On a scire facias on a municipal claim filed against a property for the construction of a sidewalk, an affidavit of defense is insufficient which merely avers that the pavement was not constructed according t