Legal Opinion

City of Pittsburg v. Third Presbyterian Church

Superior Court of Pennsylvania

Decided May 1, 1899PublishedCited by 11 opinions

Appeal, No. 49, April T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1894, No. 15, on verdict for defendant. Opinion by Beaver, J. Scire facias sur lien for municipal taxes. Before Collier, J. It appears from the record that the city assessed for municipal taxes a lot of ground belonging to the defendant.

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Appeal, No. 49, April T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1894, No. 15, on verdict for defendant. Opinion by Beaver, J. Scire facias sur lien for municipal taxes. Before Collier, J. It appears from the record that the city assessed for municipal taxes a lot of ground belonging to the defendant. On the trial of the case it appeared that the lot and dwelling house described adjoined a church building, being some twenty feet distant, and was occupied by the sexton of the church as a residence. The taxes amounted to $96.88 with five per cent for…

1Opinion of the Court

Opesioít by

Beaver, J.,

The constitution of the commonwealth confers specific authority upon the general assembly to “ exempt from taxation public property used for public purposes, actual places of religious worship, places of burial not used or held for private or corporate profit and institutions of purely public charity:” art. 9, sec. 1. The language used expresses the clearest possible determination to limit the general assembly in the exercise of the power to exempt. It not only limits the objects but hedges these objects about with words of description which, if they mean anything, are…

2Cases cited2 opinions

  1. White v. SmithSupreme Court of Pennsylvania · 1899
  2. Haverford College v. RhoadsSuperior Court of Pennsylvania · 1897

3Cited by11 opinions

  1. Dougherty, Tr. v. PhiladelphiaSupreme Court of Pennsylvania · 1934
  2. Second Church of Christ Scientist v. PhiladelphiaSupreme Court of Pennsylvania · 1959
  3. Reform Congregation Oheb Sholom v. Berks County Board of Assessment AppealsCommonwealth Court of Pennsylvania · 2004
  4. Second Church of Christ Scientist v. PhiladelphiaSuperior Court of Pennsylvania · 1959
  5. In re Appeal of the Holland Universal Life Church of LoveCommonwealth Court of Pennsylvania · 1978

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