13 Pa. Super. 439 | Pa. Super. Ct. | 1900
Opinion by
The city of Scranton filed a municipal lien against the pro- ■ perty of the defendant for paving in front of his property on 'Washington avenue, in said city. On September 24, 1892, a
Claims of this character are founded upon statute, and the remedies provided by the statutes must be strictly pursued. The authority for the entry of judgment in default of an appearance in this case must be found” in the Act of May 16, 1891, P. L. 69, and the portions of that act which are here applicable are as follows, to wit: “ Said writ of scire facias shall be made returnable to the monthly or other return day in the respective courts, and shall be served upon the owner or reputed owner personally, or by leaving’ a copy thereof, duly attested, with an adult member of his family at his dwelling house, at least ten days before the return day thereof.” And section 4: “ If the writ shall be served, and no appearance entered on or before the return day thereof, the plaintiff shall be entitled to judgment after the return day thereof for the debt, interest and costs of such lien.” Assuming the return of the sheriff to be conclusive, this writ was served on September 28, 1892. The
Judgment reversed and a procedendo awarded.