Commonwealth ex rel. McKirdy v. Macferron
Supreme Court of Pennsylvania
Appeal, No. 210, Oct. T., 1892, by John McKirdy et al., relators, from decree of O. P. No. 8, Allegheny Co., Aug. T., 1892, No. 106, refusing peremptory writ of mandamus against David Maeferron, treasurer of the city of Allegheny.
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Appeal, No. 210, Oct. T., 1892, by John McKirdy et al., relators, from decree of O. P. No. 8, Allegheny Co., Aug. T., 1892, No. 106, refusing peremptory writ of mandamus against David Maeferron, treasurer of the city of Allegheny. Petition for writ of mandamus setting forth that relators were owners in fee of certain real estate subject to taxation in the city of Allegheny, that David Maeferron was city treasurer and, under the act Feb. 27, 1860, P. L. 85, collector of taxes, that relators had tendered him taxes in said real estate, less five per cent discount, on May 18,1892, but he had…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This appeal presents a single question. It is one of considerable practical importance and has not yet been .definitely settled by-decision, The. act of 1874 divided the cities of the commonwealth into three classes upon the basis of population. It also provided that when any city of a lower class had reached the limit of population for the class -above it, this fact when-properly ascertained should be certified by the governor to the councils of the city, and upon the recording of such certificate upon the records of councils, the city should pass, eo instanti,…
2Cases cited4 opinions
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
- Kilgore v. MageeSupreme Court of Pennsylvania · 1877
- Johnston's EstateSupreme Court of Pennsylvania · 1859
- Best v. Baumgardner, Eberman & Co.Supreme Court of Pennsylvania · 1888
3Cited by20 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Kistler v. Carbon CountySuperior Court of Pennsylvania · 1943
- Quinn v. Cumberland CountySupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
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