
    Philadelphia, Appellant,v. Congers.
    Argued March 30, 1892.
    Appeal No. 164, Jan. T., 1892, from judgment of C. P. No. 4, Phila. Co., March T., 1885, No. 31, M. L. D., making absolute a rule to strike off claim for taxes.
    Before Paxson, C. J., Green, Williams, Mitchell and Heydrick, JJ.
    It appeared from the record that the city filed a lien, on May 27, 1885, for taxes for the years 1880-84. On Nov. 25, 1889, a sci. fa. issued. No affidavit of defence was filed. On Jan. 31, 1891, a rule to strike off the claim was entered, which, on June 6, 1891, the court made absolute. The city thereupon took this appeal.
    
      Frror assigned was making absolute the rule.
    
      Qhas. JB. MeMiehael, Assistant City Solicitor, with him Isaac jE. Shields, Assistant City Solicitor, and Charles F. Warwick, City Solicitor, for appellant.
    
      Augustus J. Budderow, for appellee.
    July 13, 1892.
   Opinion by

Mr. Justice Mitchell,

This case depends upon the- same principles as City of Philadelphia v. Kates, opinion filed herewith [the preceding ease], and must be reversed for the same reasons.

Judgment reversed and the claim and judgment thereon reinstated.  