Commonwealth ex rel. School Directors v. Wheelock
Superior Court of Pennsylvania
Appeal, No. 152, Jan. T., 1900, by defendants, from decree of C; P. Wyoming Co., Jan. T., 1899, No. 152, directing mandamus to issue against county commissioners. Opinion by Rice, P. J. Petition of school directors of Meshoppen borough school district for alternative writ of mandamus directed to the county commissioners to assess twenty acres of land and dwelling house for the borough school tax. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 152, Jan. T., 1900, by defendants, from decree of C; P. Wyoming Co., Jan. T., 1899, No. 152, directing mandamus to issue against county commissioners. Opinion by Rice, P. J. Petition of school directors of Meshoppen borough school district for alternative writ of mandamus directed to the county commissioners to assess twenty acres of land and dwelling house for the borough school tax. The facts sufficiently appear in the opinion of the court. The court below ordered the mandamus to issue against the county commissioners as prayed for. Defendants appealed. Errors assigned were (1)…
1Opinion of the Court
Opinion by Rice, P. J.,
Frank Brewer was the owner and- occupant of a farm comprising about 100 acres, of which twenty acres are in the borough of Meshoppen, the residue of the tract being in the township of Meshoppen. It appears that, whilst the barn and outbuildings are in the borough, Brewer farmed the tract as a connected whole, and that the dwelling-house in which he and his family resided is on that part of the farm which is in the township. The latter fact was admitted by the appellants in their petition for mandamus, and the other facts mentioned are not in dispute. On the part of the…
2Cases cited3 opinions
- Arthur v. Polk Borough School DistrictSupreme Court of Pennsylvania · 1894
- Bausman v. County of LancasterSupreme Court of Pennsylvania · 1865
- La Plume Borough v. GardnerSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- York Haven Water & Power Company's AppealSupreme Court of Pennsylvania · 1905
- Quigley v. ReiffSuperior Court of Pennsylvania · 1909
- Follett v. Butler CountySuperior Court of Pennsylvania · 1906
- Commonwealth Ex Rel. Twp. of Manor v. KnobleSuperior Court of Pennsylvania · 1926