Commonwealth ex rel. Klugh v. Lyter
Supreme Court of Pennsylvania
Appeal, No. 4, May T., 1894, by defendants, Isaac Lyter et al., Commissioners of Dauphin County, from order of C. P. Dauphin Co., Sept. T., 1898, No. 224, awarding writ of peremptory mandamus in favor of plaintiff, Commonwealth ex rel. J. F. Klugh. Petition for mandamus to compel issue of tax duplicates. The case was heard on petition and answer.
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Appeal, No. 4, May T., 1894, by defendants, Isaac Lyter et al., Commissioners of Dauphin County, from order of C. P. Dauphin Co., Sept. T., 1898, No. 224, awarding writ of peremptory mandamus in favor of plaintiff, Commonwealth ex rel. J. F. Klugh. Petition for mandamus to compel issue of tax duplicates. The case was heard on petition and answer. The court' awarded a peremptory mandamus in the following opinion by McPherson, J.: “In February last the relator was elected collector of taxes for Lower Swatara township, under the provisions of the act of 1885, P. L. 187. Having duly qualified as…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Two questions arise in this case, one as to the right of the relator and the other as to his remedy. The first depends upon the constitutionality of the Act of Assembty of June 25,1885, P. L. 187, entitled “ An act relating to the collection of taxes in the several boroughs and townships of this commonwealth,” so far as it provides for the collection of state and county taxes. The question of th'e constitutionality of this act was first raised in the case of Evans v. Phillipi, 117 Pa. 226, and it was there held that it was not in violation of the constitution as a…
2Cases cited2 opinions
- Evans v. PhillipiSupreme Court of Pennsylvania · 1887
- Bennett v. HuntSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Commonwealth Ex Rel. v. KlineSupreme Court of Pennsylvania · 1928
- Keator v. Lackawanna CountySupreme Court of Pennsylvania · 1927
- Commonwealth v. GeeseySuperior Court of Pennsylvania · 1896
- Buckwalter v. County of LancasterSuperior Court of Pennsylvania · 1900