Conoy Township Supervisors v. York Haven Electric Power Plant Co.
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1908, by plaintiff, from judgment of C. P. Luzerne Co., Nov. T., 1905, No. 88,- for defendant non obstante veredicto in case of Conoy Township Supervisors v. York Haven Electric Power Plant Company or York Haven Water & Power Company, owners or reputed owners. Scire facias sur tax lien. Before Hassler, J. The opinion of the Supreme Court states the case.
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Appeal, No. 70, Jan. T., 1908, by plaintiff, from judgment of C. P. Luzerne Co., Nov. T., 1905, No. 88,- for defendant non obstante veredicto in case of Conoy Township Supervisors v. York Haven Electric Power Plant Company or York Haven Water & Power Company, owners or reputed owners. Scire facias sur tax lien. Before Hassler, J. The opinion of the Supreme Court states the case. At the trial the jury returned a verdict for plaintiff for 11,875. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
It has been uniformly held in Pennsylvania, that.the real estate of a public, or quasi public, corporation, essential to the exercise of its corporate franchises is not subject to local taxation in the absence of legislative authority imposing such taxes. The power to tax necessarily includes the power to sell for nonpayment of taxes, and thus the property of a. public corporation, without which it could not perform its duties to the public, could be sold piecemeal and the corporate purpose be defeated by divesting the title to certain portions of the real estate…
2Cases cited15 opinions
- Jacobs v. Clearview Water Supply Co.Supreme Court of Pennsylvania · 1908
- Lehigh Coal & Navigation Co. v. Northampton CountySupreme Court of Pennsylvania · 1845
- Southern Electric Light & Power Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Coatesville Gas Co. v. County of ChesterSupreme Court of Pennsylvania · 1881
- West Chester Gas Co. v. County of ChesterSupreme Court of Pennsylvania · 1858
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3Cited by15 opinions
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- Independence Township School District AppealSupreme Court of Pennsylvania · 1963
- Philadelphia Rural Transit Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1932
- Philadelphia v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1909
- Baltimore & Philadelphia Steamboat Co.'s AppealSupreme Court of Pennsylvania · 1930
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