Legal Opinion

Creswell v. Montgomery

Superior Court of Pennsylvania

Decided March 21, 1900No. Appeal, No. 189PublishedCited by 1 opinion

Appeal, No. 189, Oct. T., 1898, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1894, No. 53, on verdict for plaintiffs. Opinion by Orlady, J. Appeal from judgment of justice of the peace.

Read the full summary

Appeal, No. 189, Oct. T., 1898, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1894, No. 53, on verdict for plaintiffs. Opinion by Orlady, J. Appeal from judgment of justice of the peace. It appears from the record that this was an appeal by defendant .from the judgment of a justice of the peace, in an action for the collection of road taxes laid in January, 1894. The terms of office of the supervisors expired in March, 1894, and they brought the suit in May, 1894. Other facts appear in the opinion of the court. The trial court charged in part as follows: This is an action that…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiffs brought suit before a justice of the peace to *92recover from the defendant the amount of unpaid road taxes which had been regularly assessed against him. On appeal to the court of common pleas, the defendant interposed two defenses : First, that the justice of the peace did not have jurisdiction ; second, that the defendant did not have an opportunity, as required by the law, to work out the amount of the tax.

The Act of April 15, 1834, P. L. 537, provided for the election and defined the duties of a township treasurer. By the Act of February 28, 1835, P. L.…

2Cases cited3 opinions

  1. McKee v. ChristmanSupreme Court of Pennsylvania · 1883
  2. Ferguson v. MooreSuperior Court of Pennsylvania · 1897
  3. M. S. Kemmerer & Co. v. Foster TownshipSupreme Court of Pennsylvania · 1888

3Cited by1 opinion

  1. Nicodemus v. Farley, Pennsylvania Court of Common Pleas, Cambria County1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API