MT. LEBANON TWP. v. HOBBES et ux.


201 Pa.Super. 30 (1963)

Mount Lebanon Township v. Hobbes et ux., Appellants.

Superior Court of Pennsylvania.

March 19, 1963.


Attorney(s) appearing for the Case

Adolph L. Zeman, with him Robert L. Zeman, Jack W. Plowman, and Rose, Houston, Cooper & Schmidt, and Zeman & Zeman, for appellants.

Frank L. Seamans, with him Barton Z. Cowan, and Eckert, Seamans & Cherin, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WATKINS, MONTGOMERY, and FLOOD, JJ. (WOODSIDE, J., absent).


OPINION BY FLOOD, J., March 19, 1963:

The plaintiff, a first class township, filed a writ of sci. fa. sur municipal claim against the defendant property owners for the cost of construction of a sidewalk in front of their premises. In their affidavit of defence, Mr. and Mrs. Hobbes claimed that the township gave them no notice and no opportunity to construct their own sidewalk as is required by § 7 of the Municipal Claims Act of May 16, 1923, P.L. 207 (53 PS ...

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