Wharton v. School Directors of Cass Township
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Schuylkill county. This was a proceeding in equity on a bill filed by William C. Wharton, James S. Wadsworth, Thomas Kimber, Hugh Bridport, and B. Wyatt Wister against The School Directors of the School District of Cass Township, and John O’Brien, collector of school taxes for said district.
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Appeal from the Common Pleas of Schuylkill county. This was a proceeding in equity on a bill filed by William C. Wharton, James S. Wadsworth, Thomas Kimber, Hugh Bridport, and B. Wyatt Wister against The School Directors of the School District of Cass Township, and John O’Brien, collector of school taxes for said district. The hill, which was filed November 1st 1861, set forth that the complainants are the owners of a tract of land in Cass township, in Schuylkill county, which is occupied by their tenants. That the property of their tenants had been seized by John O’Brien, the collector of…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Woodward, J.
The court dismissed the plaintiff’s bill for want of jurisdiction. The argument in support of the decree is drawn from a strict construction of the 5th article of the 13th *363section of the Act of 1836, conferring equity powers upon the courts. Because the jurisdiction of courts of chancery is by that article given to Pennsylvania courts for the supervision and control of all companies “ other than those of a municipal character,” it is inferred that we have no power to enjoin persons who claim to act in the name of a…
2Cases cited2 opinions
- Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
- Burk v. HuberSupreme Court of Pennsylvania · 1834
3Cited by21 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
- Brown EstateSupreme Court of Pennsylvania · 1962
- Barth v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1958
- Carlo v. Scranton School DistrictSupreme Court of Pennsylvania · 1935
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