Jones v. Dusman
Supreme Court of Pennsylvania
Appeal, No. 33, January T., 1914, by plaintiff, from judgment of C. P. York Co., Oct. T., 1913, No. 20, for defendant, on demurrer to plaintiff’s statement of claim, in case of J. William Jones v. Harry E. Dusman. Assumpsit to recover fees paid to a de facto tax collector.
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Appeal, No. 33, January T., 1914, by plaintiff, from judgment of C. P. York Co., Oct. T., 1913, No. 20, for defendant, on demurrer to plaintiff’s statement of claim, in case of J. William Jones v. Harry E. Dusman. Assumpsit to recover fees paid to a de facto tax collector. Before Ross, J. From tbe record it appeared that the statement of claim alleged that plaintiff, the duly elected treasurer of the City of York, entered upon his duties on December 4, 1911; that under the Act of June 20, 1901, P. L. 578, it was plaintiff’s duty to collect school taxes assessed or levied in the School…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
While the precise question here arising, between parties standing in the relation of these litigants, has never been passed on in this State, we yet have repeated adjudications with respect to collateral inquiries which settle in a very decided and conclusive way the principles which must here govern. Adhering to the old English rule which, as an examination into the decisions of other states will show, obtains very generally if not universally in this country, and the logic of which, because of its general acceptance, need not here be discussed, this court has…
2Cases cited2 opinions
- Commonwealth ex rel. Bowman v. SliferSupreme Court of Pennsylvania · 1855
- County of Luzerne v. TrimmerSupreme Court of Pennsylvania · 1880
3Cited by23 opinions
- Commonwealth ex rel. Specter v. MartinSupreme Court of Pennsylvania · 1967
- Reed v. SloanSupreme Court of Pennsylvania · 1977
- Zawada v. Pennsylvania System Board of AdjustmentSupreme Court of Pennsylvania · 1958
- Commonwealth Ex Rel. Shoemaker v. ThomasSupreme Court of Pennsylvania · 1937
- Marshall v. Uniontown Borough School DistrictSupreme Court of Pennsylvania · 1918
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