La Plume Borough v. Gardner
Supreme Court of Pennsylvania
Appeal, No. 393, Jan. T., 1892, by defendant, B. S. Gardner, from judgment of C. P. Lackawanna Co., April T., 1891, No. 318, for plaintiff. Case stated in the nature of a special verdict for recovery of taxes. r By the case stated it appeared that defendant owned a farm lying partly in Benton township, where the mansion was situated, partly in the borough of La Plume, and partly in the township of North Abington.
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Appeal, No. 393, Jan. T., 1892, by defendant, B. S. Gardner, from judgment of C. P. Lackawanna Co., April T., 1891, No. 318, for plaintiff. Case stated in the nature of a special verdict for recovery of taxes. r By the case stated it appeared that defendant owned a farm lying partly in Benton township, where the mansion was situated, partly in the borough of La Plume, and partly in the township of North Abington. The borough council of the borough of La Plume assessed defendant upon the portion of his property lying within the borough limits, while the authorities of Benton township assessed…
1Opinion of the Court
Per Curiam,
We are of opinion that the learned judge of the court below was clearly right in holding that the act of June 1, 1883, P. L. 51, is unconstitutional, so far as concerns township and borough lines, where they are not also the lines of a county, for the reason that there is nothing in the title of the act to give notice that lands divided by township and borough lines are affected by it. The act referred to is entitled “ An act to require the assessors of the several townships within this commonwealth to assess all seated lands in the county in which the mansion house is situated,…
2Cited by4 opinions
- Commonwealth v. HanleySuperior Court of Pennsylvania · 1900
- Arthur v. Polk Borough School DistrictSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. School Directors v. WheelockSuperior Court of Pennsylvania · 1900
- Williamsburg Borough v. Bottenfield, Pennsylvania Court of Common Pleas, Blair County1926