Legal Opinion

Poor District v. Poor District

Supreme Court of Pennsylvania

Decided November 21, 1881PublishedCited by 1 opinion

- October 21st 1881. Before Sharswood C. J., Mekcur, Gordon, Paxson, Sterrett and Green, JJ. Trunkey, J., absent. Error to the Court of Quarter Sessions of Jefferson county: Of October and November Term 1881, No. 228. This writ of error was taken to a judgment of the said court, affirming an order made by two justices of the peace for the removal of Christina Herrick, a pauper, from the Poor District of Rose to that of Beaver township.

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- October 21st 1881. Before Sharswood C. J., Mekcur, Gordon, Paxson, Sterrett and Green, JJ. Trunkey, J., absent. Error to the Court of Quarter Sessions of Jefferson county: Of October and November Term 1881, No. 228. This writ of error was taken to a judgment of the said court, affirming an order made by two justices of the peace for the removal of Christina Herrick, a pauper, from the Poor District of Rose to that of Beaver township. The' facts of the case, and the questions presented by the assignments of error, are stated in the opinion of the court.

1Opinion of the CourtJustice Mercur

The question presented by the first assignment is substantially this: In case the collector in settlement of his duplicate, pays a tax which he has not collected, does such payment give to the person charged with the tax, a settlement with like effect as if he himself had paid it?

When a person seeks to establish a settlement by the payment of taxes the Act of 1836 requires he “ shall be charged with and pay his proportion of any public taxes or levies for two years successively.” As it was held in Butler v. Sugar-loaf, 6 Barr 262, that payment of rent by a surety was payment by the lessee so…

2Cited by1 opinion

  1. Poor District of Shrewsbury Township v. Poor District of Shrewsbury TownshipSuperior Court of Pennsylvania · 1902

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