McCracken v. Elder
Supreme Court of Pennsylvania
Error to the Common Pleas of Greene county. This was an action of assumpsit, originally commenced before a justice of the peace, by William G. Elder, collector of school taxes of Aleppo township, against Alexander McCracken, to recover $6.76, the amount of school taxes assessed on the defendant for the year 1856. On the 4th November 1856, the plaintiff below was appointed collector of school taxes of Aleppo township for that year; and a duplicate thereof was delivered to…
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Error to the Common Pleas of Greene county. This was an action of assumpsit, originally commenced before a justice of the peace, by William G. Elder, collector of school taxes of Aleppo township, against Alexander McCracken, to recover $6.76, the amount of school taxes assessed on the defendant for the year 1856. On the 4th November 1856, the plaintiff below was appointed collector of school taxes of Aleppo township for that year; and a duplicate thereof was delivered to him, wherein the defendant was charged with the amount of taxes claimed in this suit, accompanied by a warrant for the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The plaintiff below, as tax collector, had settled
his duplicate and paid over the amount to the treasurer of the school board, including the tax due from the defendant, from which he had not been exonerated. The defendant then owed the tax to the plaintiff, and if the warrant had expired, payment of the debt could be enforced by suit at law. But in a suit by the collector, the defendant could not set off unliquidated damages arising out of a breach of a contract between himself and the school district. Certainly not under the pleadings in…
2Cited by6 opinions
- Bindley v. PittsburghSuperior Court of Pennsylvania · 1916
- Commonwealth v. GerlachSupreme Court of Pennsylvania · 1943
- Philadelphia v. EdmondsSuperior Court of Pennsylvania · 1915
- Metzger's Petition, Pennsylvania Court of Common Pleas, Dauphin County1926
- Nicodemus v. Farley, Pennsylvania Court of Common Pleas, Cambria County1931
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