Borough of Huntingdon v. Dorris

Citations

• 78 Pa. Super. 469
• 1922 Pa. Super. LEXIS 143

Syllabus

<p>Pleading — Sci. fa. sur municipal lien — Defense—Validity of lien.</p> <p>In an action of scire facias sur municipal lien, any objection to the sufficiency of the lien, is a question of pleading, and should be raised by a motion to strike off the lien, or a demurrer thereto. Where a defendant goes to trial without objection to the form of the lien it is too late to enter such objection at the trial.</p> <p>Sci. fa. sur municipal lien — Effect of lien — Affidavit of defense — ■ Burden of proof — Act of May %8, 1915, P. L. 599.</p> <p>Upon a scire facias sur municipal lien, plaintiff having offered the lien in support of the action, established, thereby, a prima facie case, under the provisions of the Act of May 28, 1915, P. L. 599. The burden was then upon defendant to prove the existence of any facts that would successfully meet the plaintiff’s demand. An affidavit of defense denying the validity of the lien had the effect to prevent a judgment, but did not shift the burden established by statute.</p> <p>Constitutional law — Vested rights — Retrospective legislation— Act of May 8,1919, P. L. 187 — Municipal claims — Nature.</p> <p>The Act of May 8, 1919, P. L. 137, validating municipal claims, otherwise void “owing to some defect in the ordinance, assessment, or for any other reason,” does not relate to penal subjects, and is not in violation of contract, nor is it forbidden by state or federal Constitution.</p> <p>The charge for municipal improvements is in the nature of a tax, and the equitable right to contribution from the property benefited survives, though the remedy be lost through a defect in the proceedings. The legislature may provide a new remedy, and, in doing so, is but exercising its powers to tax, and does not violate any constitutional right.</p> <p>Proceedings to establish charges in the nature of a tax are proceedings in rem, and omission of some detail of procedure does not establish in the owner of the property a vested defense available again