Commonwealth v. Lackawanna Co.
Pennsylvania Court of Common Pleas, Lackawanna County
No. 84 January Term 1890, Sup. Ct.; court below, No. 575 October Term 1889, C. P. On August 5, 1889, Thomas J. Jordan filed a petition averring that on the third Tuesday of February, 1889, he had been duly elected, and afterwards qualified, as collector of taxes for the borough of Oliphant, under the provisions of the act of June 25, 1885, P. L. 187; that thereupon it became the duty of the commissioners of Lackawanna county to issue their duplicate for county taxes for the…
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No. 84 January Term 1890, Sup. Ct.; court below, No. 575 October Term 1889, C. P. On August 5, 1889, Thomas J. Jordan filed a petition averring that on the third Tuesday of February, 1889, he had been duly elected, and afterwards qualified, as collector of taxes for the borough of Oliphant, under the provisions of the act of June 25, 1885, P. L. 187; that thereupon it became the duty of the commissioners of Lackawanna county to issue their duplicate for county taxes for the year 1889, for said borough, to the petitioner, which duty the said commissioners had refused to perforin on application…
1Per curiam
This was an appeal from the order of the court below discharging a rule to show cause why a writ of alternative mandamus should not issue. We need not discuss the merits of the case, as we are satisfied that an appeal does not lie. It is true the thirty-second section of the act of June 14,1836, provides that “ the party aggrieved by the proceedings had in any Court of Common Pleas upon any writ of mandamus may remove the same, after the first (final) judgment, order, or decree therein, by writ of error into the Supreme Court, as in other cases.” There was not a final judgment here; there was…
2Cases cited1 opinion
- Commonwealth ex rel. Pughe v. DavisSupreme Court of Pennsylvania · 1885
3Cited by1 opinion
- Commonwealth v. BirdSuperior Court of Pennsylvania · 1913