Rice v. Burns
Superior Court of Pennsylvania
Appeal, No. 34, April T., 1898, by plaintiff, from judgment of C. P. Venango Co., Jan. T., 1897, No. 57, in favor of defendant, non obstante veredicto. Trespass. Before Criswell, J. It appears from tbe record and evidence that an action of trespass was brought against defendant for an illegal distraint of taxes.
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Appeal, No. 34, April T., 1898, by plaintiff, from judgment of C. P. Venango Co., Jan. T., 1897, No. 57, in favor of defendant, non obstante veredicto. Trespass. Before Criswell, J. It appears from tbe record and evidence that an action of trespass was brought against defendant for an illegal distraint of taxes. The jury found the following special verdict : • That the defendant, O. K. Burns, was for the year 1895 constable of the township of Sandy Creek, Venango county; that as such, on or about November 1,1895, he received from the commissioners of said township a duplicate, wherein the…
1Opinion of the Court
Opinion- by
Rice, P. J.,
The special law governing the levy of road taxes in Venango county provides, inter alia, “ that the said commissioners shall lay such tax upon the property so assessed as they shall deem necessary for road and bridge purposes for the current year; ” also, “if they find the same necessary, collect a part of the road tax so laid, not exceeding twenty-five per cent in money,” etc. The minutes of the road commissioners offered in evidence, show that a road tax of two mills was levied on Novem*63ber 8, 1895. Granting that in making the whole amount of this tax payable in money,…
2Cases cited4 opinions
- Barr & Daugherty v. BoylesSupreme Court of Pennsylvania · 1880
- Cunningham v. MitchellSupreme Court of Pennsylvania · 1871
- Moore v. Allegheny CitySupreme Court of Pennsylvania · 1851
- Buck v. CommonwealthSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- Reap's AppealSuperior Court of Pennsylvania · 1926
- Cessna v. ClouseSuperior Court of Pennsylvania · 1913
- Campbell v. Commonwealth, Pennsylvania Court of Common Pleas, Beaver County1941