Legal Opinion

Lower Merion Township v. Postal Telegraph Cable Co.

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 247PublishedCited by 9 opinions

Appeal, No. 247, Oct. T., 1902, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1902, No. 3114, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lower Merion Township v. Postal Telegraph Cable Company. Assumpsit to recover a license tax on telegraph poles. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 247, Oct. T., 1902, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1902, No. 3114, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lower Merion Township v. Postal Telegraph Cable Company. Assumpsit to recover a license tax on telegraph poles. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the suit was brought to recover the sum of $180, being a license tax on 360 poles under an ordinance which imposed a tax of fifty cents on each pole without any tax on wire. The defendant…

1Opinion of the Court

Opinion by

Rige, P. J.,

1. Townships in Pennsylvania are divided by the Act of *309April 28,1899, P. L. 104, into two classes, the reason for this classification, as stated in the preamble, being that in those more populous townships of the commonwealth which are in large measure devoted to residential purposes, there is need of a form of government having greater powers than are possessed by the local governments of townships under existing laws. The 7th section of the act declares that “ all the corporate power, authority and franchise ” of townships of the first class shall be vested in and…

2Cases cited7 opinions

  1. Western Union Telegraph Co. v. Borough of New HopeSupreme Court of the United States · 1903
  2. Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
  3. Dempster v. United Traction Co.Supreme Court of Pennsylvania · 1903
  4. New Hope Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1901
  5. Stowe Township DivisionSuperior Court of Pennsylvania · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Radnor Township v. BellSuperior Court of Pennsylvania · 1904
  2. West Conshohocken Borough v. Conshohocken Electric Light & Power Co.Superior Court of Pennsylvania · 1905
  3. Norwood Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1904
  4. Haverford Township v. WilfongSuperior Court of Pennsylvania · 1915
  5. Schellsburg v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1904

4 more not listed; retrieve them via the Exa API.

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