Borough of Newtown v. Murfit

Biester, J.,

— This matter comes before the court on defendants’ affidavit of defense in the nature of a statutory demurrer.

Defendants assigned five reasons why the demurrer should be sustained, the first of which denies the legal sufficiency of service by registered mail of the notice to curb and pave the sidewalk and gutter in question.

Defendants do not contend that notice was not received by registered mail, but argue that although received, such notice was not in compliance with section 7 of the Municipal Claims Act of May 16, 1923, P. L. 207, 53 PS §2027. This section of the act provides…