York City v. Miller

Citations

• 60 Pa. Super. 407
• 1915 Pa. Super. LEXIS 207

Syllabus

<p>Municipal liens — Notice of intention to file lien — Failure to give notice — Pleadings—Evidence—Act of June k, 1901, P. L. 86k.</p> <p>■ On the trial of a scire facias sur municipal lien, it is reversible error for the court to refuse to permit the defendant to show that he had not been served by the use-plaintiff with notice of an intent to file the lien as provided by Section 9 of the Act of June 4, 1901, P. L. 364, because the defendant had raised no question as to lack of notice in his affidavit of defense, or by demurrer or motion to strike off the lien. The act does not require the notice to be averred in the lien. As to matters not alleged in the lien the defendant is not limited to the defense set forth in his affidavit.</p> <p>In an action by a use-plaintiff to enforce a municipal lien for paving, the defendant may show that the improvement was negligently made, and not completed, and that by such failure to complete the defendant suffered damages.</p> <p>In such a suit the defendant may set off money which the use-plaintiff owed him for stone purchased and delivered.</p>