Towanda Borough v. Fell
Superior Court of Pennsylvania
Appeal, No. 327, Oct. T., 1916, by plaintiff, from judgment of C. P. Bradford Co., Dec. T., 1915, No. 339, sustaining demurrer to scire facias sur municipal claim in case of Towanda Borough v. XJ. M. Fell. Scire facias sur municipal claim for curbing. From the record it appeared that plaintiff filed municipal lien against defendant’s property and issued a sci. fa. thereon.
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Appeal, No. 327, Oct. T., 1916, by plaintiff, from judgment of C. P. Bradford Co., Dec. T., 1915, No. 339, sustaining demurrer to scire facias sur municipal claim in case of Towanda Borough v. XJ. M. Fell. Scire facias sur municipal claim for curbing. From the record it appeared that plaintiff filed municipal lien against defendant’s property and issued a sci. fa. thereon. The defendant demurred thereto alleging that the claim was not filed until more than six months after the date of the completion of the work; that the claim did not show any authority in law for collecting from the…
1Opinion of the Court
Opinion by
Porter, J.,
This is a scire facias upoii a municipal claim for curbing. The claim and the scire facias issued thereon recited that the work was completed on June 17, 1913, but the claim was not filed within six months of the completion of the work, as required by Section 10 of the Act of June 4, 1901, P. L. 364; that an assessment for the curbing was made against the property on August 19,1913, and duly rendered to the owner; that the remedial statute of May 28, 1915, P. L. 610, gave to the borough a remedy to collect the claim, although the same had not been filed within six months,…
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