
    CITY vs. RULE.
    A municipal claim for paving filed more tlian six montlis after the work was done, will he struck off.
    Error to Common Pleas No. 2 of Philadelphia County. No. 206, January Term, 1882.
    By Act of April 3, 1873, L- Laws, 504, Chestnut street in the City of Philadelphia was opened from Forty-second to Fifty-sixth street. In accordance with this act certain paving was done, and a lien was filed against Elizabeth Rule, under the frontage rule for work done in 1876. A seire facias was issued on this claim, which resulted in favor of d'efendant;'see 93 Pa., 15.
    Another lien for the value of work done and material fur* nished was filed on February 8, 1881, for the same matter. Upon application, the Court struck off this lien because not filed within six months from time of completion of the work. The City to use of Johnson et al. then took this writ of error, •complaining of the action of the Court striking off the claim filed.
    
      H. Reed and W. W. Willbank, Esqs., for plaintiffs in error,
    ■argued that if the claim was not filed in six months and thereby! lost its lien, there was nothing to prevent the filing of the claim after six months, and the subsequent proceedings.
    A claim filed after a delay of several years was upheld in the case of Dewhurst vs. City, 95 Pa., 437.
    
      R. P. Dechert, Esq., contra,
    
    argued that the case of Dewhurst vs. City, 95 Pa., 437, was under the act of April 1st, 1872, P. Laws, 707; the tenth section of which provided that the claims therein specified should be liens until paid.
   The Supreme Court affirmed the judgment of the Common Pleas on April 10th, 1882, in the following opinion:

Per Curiam.

We have no doubt that the claim filed in this case was sub* ject to the provisions of the act of April 16, 1845; P- Laws, 488; and not having been filed within six months of doing the work was no lien on the premises, and was, therefore, properly «truck off by the learned Court below.

Judgment affirmed.  