Legal Opinion

Powell v. Scranton

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 68Published

Appeal, No. 68, March T., 1909, by plaintiff, from decree of C. P. Lackawanna Co., Sept. T., 1908, No. 35, dismissing bill in equity in case of David J. Powell v. City of Scranton, City of Scranton School District and F. L. Hitchcock, Treasurer of City of Scranton. Bill in equity to restrain collection of taxes. Before Edwards, P. J. The opinion of the Superior Court states the case. Error assigned was decree dismissing the bill.

1Opinion of the Court

Opinion by

Oklady, J.,

This case was disposed of in the court below on a bill in equity and a demurrer thereto. After a full argument the demurrer was sustained and the plaintiff’s bill dismissed. A reversal of the judgment would mean the overruling of the decision of this court in Sheraden Borough, 34 Pa. Superior Ct. 639, which, after a further examination of the questions involved in that and this case, we are not willing to do. There is nothing to be gained in a review of the reasons for our conclusion as stated in the report of Sheraden Borough case.

A further purpose of the bill is to…

2Cases cited3 opinions

  1. Sheraden BoroughSupreme Court of Pennsylvania · 1907
  2. Commonwealth v. ParsonsSupreme Court of Pennsylvania · 1907
  3. Higgins v. PriceSuperior Court of Pennsylvania · 1908

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