Caldwell v. Moore
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon. May 24. This was an appeal from the judgment of a justice of the peace, before whom Samuel Caldwell was plaintiff and the executors of Robert Moore were defendants.
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Error to the Common Pleas of Huntingdon. May 24. This was an appeal from the judgment of a justice of the peace, before whom Samuel Caldwell was plaintiff and the executors of Robert Moore were defendants. The case as it appeared in evidence was as follows: Before the year 1840, Robert Moore was the owner of a tract of land in Eranklin township, Huntingdon county, with a forge on it, and in that year he leased the land and forge to Hileman & Haman, who went into possession, and continued there as the tenants of Moore, until the beginning of the year 1842. In the year 1841, while Hileman &…
1Opinion of the Court
The opinion of .this court was delivered by
Rogers, J.
Henry v. Horstick, 9 W. 413, is an authority to the point that the payment of the taxes made by Caldwell cannot be deemed voluntary, and that as his goods were taken to pay a debt owing by another, he has a remedy to recover the money he was compelled to pay, from the original debtor. And so the court instructed the jury; but the difficulty is as to the person against whom the action lies. The jury were instructed that Hileman & Haman, the tenants of Moore when .the taxes were assessed, were alone liable. That Moore, who was the owner of…
2Cited by15 opinions
- Pennsylvania Co. v. BergsonSupreme Court of Pennsylvania · 1932
- Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Rawle v. RenshawSuperior Court of Pennsylvania · 1900
- DeHaven v. Roscon B. & L. Assn.Superior Court of Pennsylvania · 1932
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