Somerset Borough v. Sweitzer

Citations

• 54 Pa. Super. 283
• 1913 Pa. Super. LEXIS 56

Syllabus

<p>Road law — Paving—Municipal lien — Signatures to petition — Evidence — Practice, C. P. — Acts of April 88,1889, P. L. 44, June 4,1901, P. L. 864, and April 14, 1906, P. L. 168.</p> <p>Where a borough under the authority of the Act of April 23, 1889, P. L. 44, has paved a street and caused the cost to be assessed against abutting properties, and has filed municipal claims against such properties in strict conformity with the provisions of the Act of June 4,1901, sec. 11, P. L. 364, it will not be required on a trial of a scire facias on such claim, to disprove allegations of the affidavit of defense relating to the sufficiency in the number and interest of the signers to the petition for the improvement; and if at the trial the borough affirmatively proves that the notice of the petition had been duly posted in compliance with the Act of April 14, 1905, P. L. 168, the defendants will not be permitted to introduce evidence to the effect that the signers-of the petition were insufficient in interest and numbers.</p>