Legal Opinion

Lehigh Iron Co. v. Lower Macungie Township

Supreme Court of Pennsylvania

Decided March 30, 1876PublishedCited by 3 opinions

Error to the Court of Common Pleas of Lehigh county: Of January Term 1876, No. 149. This was an action of assumpsit, brought April 7th 1875, by Lower Macungie Township against the Lehigh Iron Co. The cause of action as set out in the affidavit of claim was:— “ That defendant is a corporation created under the laws of Pennsylvania and has its principal works in said county, and there carries on business; that said defendant on February 25th 1874, was and ever since has been…

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Error to the Court of Common Pleas of Lehigh county: Of January Term 1876, No. 149. This was an action of assumpsit, brought April 7th 1875, by Lower Macungie Township against the Lehigh Iron Co. The cause of action as set out in the affidavit of claim was:— “ That defendant is a corporation created under the laws of Pennsylvania and has its principal works in said county, and there carries on business; that said defendant on February 25th 1874, was and ever since has been the lessee and grantee of iron ore mines in said township of Lower Macungie, from which said mines said defendant as…

1Opinion of the CourtChief Justice Agnew

When the question upon the constitutional power to levy such a special tax as this was here before, this court affirmed it with a very positive dissent, however, by the present Chief Justice, and a qualified concurrence on part of Read, then Chief Justice,'and Williams, J., excepting to the extension of Hammett v. Philadelphia, beyond the case itself. It was believed by the majority that the former decisions of the court supported the power, though its exercise was apparently unjust and unequal. For the same reasons the court, as now constituted, feel bound by that decision, especially in…

2Cited by3 opinions

  1. Sumption v. RogersSuperior Court of Pennsylvania · 1913
  2. City of New Orleans v. Poydras Orphan AsylumSupreme Court of Louisiana · 1881
  3. Mulberger v. Indiana County, Pennsylvania Court of Common Pleas, Indiana County1923

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