Philadelphia v. Kelly
Philadelphia v. Kelly
Opinion of the Court
Opinion by
Prior to the Act of 1891, to continue the lien of a municipal claim that had been reduced to a judgment the scire facias reviving it must be prosecuted to judgment within five years from the issuance of the writ: Meason’s Est., 4 Watts 341; Hunter v. Lanning, 76 Pa. 25; City of Philadelphia v. Scott, 93 Pa. 25; Howes Brothers v.
If the lien is to be sustained it must be under the Act of May 16, 1891, P. L. 69. It has been stated that the general purpose of the act is a part of a system of general affirmative legislation relating to municipal improvements, the ascertainment of the damages resulting therefrom, the assessment of the cost therefor upon the property benefited, and the manner of collecting such assessments. It did not interfere with preexisting laws except where there was an irreconcilable repugnancy: Scranton v. Clarke, 34 Pa. Superior Ct. 128; Hanover Borough’s App., 150 Pa. 202. As the act affects the question now before us which relates to the continuance of the lien, the preceding legislation required a judgment to be obtained within five years from the issuance of the original scire facias. The Act of 1891 provided that the lien remained until fully paid and satisfied, but a writ of
The assignments of error are sustained. The judgment is reversed and the rule granted in the court below is reinstated and made absolute. The scire facias issued June 11, 1908, and the alias writ of scire facias issued February 25, 1913, are quashed, and the judgment entered on June 2,1913, is stricken off. ~ /
Reference
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- Philadelphia, to use v. Kelly
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- Municipal liens — Paving—Revival—Prosecution to judgment— Act of May 16,1891, P. L. 69. Where a writ of scire facias is issued three years prior to the date of the Act of May 16, 1891, P. L. 69, to revive the lien of a judgment previously obtained on a municipal claim for paving, but such writ is not prosecuted to judgment until nearly two and one-half years after the passage of the Act of 1891, the lien of the judgment on the municipal claim is thereby lost. There is nothing in the Act of May 16, 1891, P. L. 69, that enlarges or broadens the use of an alias scire facias to revive, or has the effect of converting it into an original writ.