Cresson Borough v. Seeds

Opinion by

Mr. Justice Simpson,

To a sci. fa. sur municipal claim to reover the cost of grading, curbing and paving Second Street, in front of the property of defendant in Cresson Borough, he filed an affidavit of defense averring that the ordinance directing the improvement did not receive, on final passage, the requisite number of votes; and claimed that this objection was available, despite chapter VII, article 1, section 9, of the General Borough Act of May 14, 1915, P. L. 312, 393, which provides that “Complaint may be made to the next court of quarter sessions...... by any person…