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PHILADELPHIA v. PACHELLI

168 Pa.Super. 54 (1950)

Philadelphia to use, v. Pachelli, Appellant.

Superior Court of Pennsylvania.

November 14, 1950.

Attorney(s) appearing for the Case

James H. McHale, for appellant.

Michael H. Egnal, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

OPINION BY ROSS, J., November 14, 1950:

This municipal claim was filed in the name of the City of Philadelphia against the defendant for improvement of the street abutting his property. A writ of scire facias sur municipal lien was issued, to which the defendant filed an affidavit of defense. The use-plaintiff, Eastern Asphalt Company, obtained a rule for judgment for want of a sufficient affidavit of defense, and the court below, although it sustained the use-plaintiff...

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