Versailles Twp. v. Ulm Et Ux.

Opinion by

Rhodes, J.,

A resolution or ordinance adopted hy the municipal authorities of plaintiff township authorized the construction of sanitary sewers in certain designated streets or highways, including Ohio Avenue, the street on which appellants’ property was located. The system was eventually constructed and made usable. A municipal claim was filed against appellants on March 9, 1940, and a writ of scire facias was issued thereon. Appellants filed an affidavit of defense, and the defense therein was that the sewer had been completed prior to September 9, 1939, and that there was a…