McKee v. Christman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county : Of January Term 1883, No. 338. Trespass, by James McKee against E. C. Christman and T. M. Taggart, originally brought before a justice of the peace. A judgment was rendered by the justice in favor of the plaintiff for $175, from which an appeal was taken to the common pleas.
Read the full summary
Error to the Court of Common Pleas of Northumberland county : Of January Term 1883, No. 338. Trespass, by James McKee against E. C. Christman and T. M. Taggart, originally brought before a justice of the peace. A judgment was rendered by the justice in favor of the plaintiff for $175, from which an appeal was taken to the common pleas. On the trial, before Rockefeller, P. J., the plaintiff claimed to recover damages for the selling, by the defendant Christman, who was a constable, of a mare belonging to plaintiff, under the following circumstances: The defendant Taggart was collector of…
1Opinion of the Court
The opinion of the court was filed
2Per curiam
The judgment under which this contention arises was not recovered on an ordinary debt. It was for a tax levied against the plaintiff in error which he had neglected or refused to pay. As it was confessedly unpaid, his liability therefor had never been discharged, lie is in no position to claim that his property shall not be liable to seizure on execution for its collection in like manner as if taken on a warrant of the collector. Although the maimer of proceeding to collect the tax is changed, yet it is nevertheless a tax, and against the collection thereof…