Weatherly Borough v. Warner

Opinion by

Hirt, J.,

The appeals in these two cases, similar on their facts, question the propriety of the entry of judgments in favor of the borough. The judgments were entered on the pleadings, for want of sufficient affidavits of defense, in proceedings by scire facias on municipal liens.

Plaintiff borough on April 11, 1932, by ordinance, provided for the improvement of a number of its streets. We are concerned with the improvement only insofar as it relates to curbing constructed along two pieces of land owned by defendant. The ordinance in general is open to the criticism that it provides…