McCrickart v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 169. Case by Samuel McCrickart, for himself and in trust for a number of others, to recover back from the city of Pittsburgh certain taxes paid by him to said city. A case in the nature of a special verdict was stated for the opinion of the eourt, of which the following is the substance: “ That in pursuance of the Act of 10th May 1871, Pamph.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1878, No. 169. Case by Samuel McCrickart, for himself and in trust for a number of others, to recover back from the city of Pittsburgh certain taxes paid by him to said city. A case in the nature of a special verdict was stated for the opinion of the eourt, of which the following is the substance: “ That in pursuance of the Act of 10th May 1871, Pamph. L. 718, the councils of the city of Pittsburgh passed an ordinance to admit a portion of Wilkins township into the city of Pittsburgh, and that by…
1Opinion of the Court
The judgment of the Supreme Court was entered November 25th 1878,
2Per curiam
Had the plaintiff and those whom he represents paid their taxes under protest, or with notice that they would reclaim them, they might have had some ground to stand upon. But as it was the city had a right to consider the money as their own and deal with it accordingly — just as an individual would under similar circumstances. Where there is no mistake or fraud a voluntary payment cannot be recovered back on the mere ground that the one party was under no obligation to pay and the other had no right to receive. Taylor v. The…
3Cited by13 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Calvert Distillers Corp. v. Board of Finance & RevenueSupreme Court of Pennsylvania · 1954
- Philadelphia & Reading Coal & Iron Co. v. Tamaqua Borough School DistrictSupreme Court of Pennsylvania · 1931
- Shenango Furnace Co. v. Fairfield TownshipSupreme Court of Pennsylvania · 1911
- Phipps v. KirkSupreme Court of Pennsylvania · 1939
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