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· 2/28/1919

Borough of Youngwood v. Gay

Citations

  • 71 Pa. Super. 154
  • 1919 Pa. Super. LEXIS 49

Syllabus

<p>Municipal claims — Remedies—Action of assumpsit — Road law— Act of April 1907, P. L. Ifi.</p> <p>In an action of assumpsit under the Act of April 4, 1907, P. L. 40, for municipal improvements assessed under the Act of May 16, 1891, P. L. 75, and its supplements, an affidavit of defense is sufficient which sets forth that no assessment had been made against the defendant, as the owner of any properly, and that no notice had been served upon him.</p> <p>Act of June ll, 1911, P. L. 1076 — Filing of municipal claims— Lapse of claim.</p> <p>Where a municipality has not filed its claim within the time prescribed in the Act of June 4, 1901, P. L. 364, as amended by the Act of June 20, 1911, P. L. 1076, such claim is wholly lost.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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