Legal Opinion

Caldwell v. Moore

Supreme Court of Pennsylvania

Decided May 15, 1849PublishedCited by 15 opinions

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

  1. Pennsylvania Co. v. BergsonSupreme Court of Pennsylvania · 1932
  2. Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
  3. Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
  4. Rawle v. RenshawSuperior Court of Pennsylvania · 1900
  5. DeHaven v. Roscon B. & L. Assn.Superior Court of Pennsylvania · 1932

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