Sessler v. Partlow

I would deny the prayer of the petition and hold the bond issue valid.

The majority opinion holds the bond issue invalid on the sole ground that the statement of the existing overdraft in the county fund was not made and published in the order calling the election. The statutory provision requiring a statement of the indebtedness of the political subdivision to be set forth in the order calling a special election to authorize a bond issue is mandatory. McGuire v. City of Philadelphia, 245 Pa. 307, 91 A. 628. It has been held where the statute does not require a statement of indebtedness that…