201 Pa. 341 | Pa. | 1902
Opinion by
This is truly an anomalous record. On December 2, 1897, the city of Pittsburg brought suit against Julia Eyth, Louisa Eyth, Amelia Eyth, Flora Eyth, Emma Eyth, Georgia Eyth and Pauline Eyth, to recover from them personally $2,120.69, for setting curb and laying sidewalks along property located in the twenty-third ward of that city. In the statement filed it is alleged that, at the time the city made the improvements, the defendants were the owners of the land along which the curb was set and the sidewalks laid, and the ordinance and other proceedings, under which it is claimed they are liable, are set out in the usual detail. In their affidavit of defense the defendants specifically deny that they were the owners of the property when the sidewalks were laid and curb set along and in front
The executrices of J. B. Eyth were not in court when the case was called for trial. The amendment simply allowed the plaintiff to name them as codefendants; they neither appeared nor pleaded, and they are not now here as appellants. After the amendment, if it was properly allowed, it was the duty of the city to bring them into court “ by an alias summons, or perhaps by a rule to appear and plead:” Leonard v. Parker, 72 Pa. 236. If the city of Pittsburg should ever attempt to enforce the judgment entered on the finding directed against them, they will be heard. In the meantime, not having been in the court below, they have nothing to fear from the proceeding just reviewed.