Commonwealth v. Mellet
Supreme Court of Pennsylvania
Appeal, No. 262, Jan. T., 1899, by-defendant, from order of C. P. Schuylkill Co., May T., 1898, No. 412, discharging rule to open judgment in ease of Commonwealth. ex rel. the Borough of Shenandoah v. Mary Mel-let. Rule to open judgment. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court.
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Appeal, No. 262, Jan. T., 1899, by-defendant, from order of C. P. Schuylkill Co., May T., 1898, No. 412, discharging rule to open judgment in ease of Commonwealth. ex rel. the Borough of Shenandoah v. Mary Mel-let. Rule to open judgment. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court. Where a fraud is of such a character as to involve a crime the ratification of the act from which it springs is opposed to public policy and cannot be permitted: Shisler v. Vandike, 92 Pa. 447 ; Lyon v. Phillips, 106 Pa. 57. In Pennsylvania where the question is…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Michael J. Scanlon was collector of taxes for the borough of Shenandoah for the tax years 1895 and 1896, and gave bond for each year in the penal sum of $100,000, conditioned for the faithful performance of his duty. According to a special act of assembly applicable to Schuylkill county, that of February 17, 1859, the bonds contained powers of attorney to confess judgment ; they were approved by the court, and filed in the court of quarter sessions. Both bonds were certified by the clerk of the quarter sessions into the court of common pleas, and judgments entered…
2Cases cited1 opinion
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
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- Kaufman, Exrx. v. FeldmanSuperior Court of Pennsylvania · 1935
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