Wickersham v. Russell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. Russell, plaintiff below and defendant in error, was a collector of taxes in Pittsburgh, for the years 1855,1856,1857, and 1858. In 1864 he sued Wickersham, the defendant below and plaintiff in error, for a balance of taxes due by him for those years.
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Error to the Court of Common Pleas of Allegheny county. Russell, plaintiff below and defendant in error, was a collector of taxes in Pittsburgh, for the years 1855,1856,1857, and 1858. In 1864 he sued Wickersham, the defendant below and plaintiff in error, for a balance of taxes due by him for those years. Russell, in his affidavit of claim, filed under a rule of court, set out specifically the whole amount of taxes assessed against Wickersham for the above years and admitted the payment of $441.81, which wholly discharged the taxes of 1855, leaving unpaid on the taxes of 1856 $298.12 .and…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
Considering the Court of Common Pleas as the best judge of the meaning of its rules of practice, we have often said that we will not reverse for any construction given to them which is -not palpably erroneous. In this case the defendant admitted every material averment of fact, made in the plaintiff’s affidavit, which he did not directly traverse by his own. The plaintiff’s affidavit set out that taxes had been assessed against the defendant for four successive years, amounting in all to the sum of $769.89, from which he had never been…
2Cited by11 opinions
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- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- Higgins Carpet Co. v. LatimerSupreme Court of Pennsylvania · 1895
- Ault v. AdamsonSuperior Court of Pennsylvania · 1917
- Livingston v. KerbaughSuperior Court of Pennsylvania · 1906
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