Borough of West Newton v. Scholl

Opinion by

Porter, J.,

The borough, in February, 1916, filed a municipal claim for paving a street against the property of the defendant and, in August, 1920, issued a scire facias to enforce the collection of the claim. An affidavit of defense was filed challenging the validity of the lien upon the ground that no ordinance had been legally passed, adopted and transcribed in the ordinance book prior to the making of the improvement, nor had such ordinance been published in a newspaper and advertised by hand bills either before or after its passage, as by law requiréd. When the case came to…