Legal Opinion

Commonwealth v. Juniata Coke Co.

Supreme Court of Pennsylvania

Decided October 2, 1893No. Appeal, No. 24PublishedCited by 7 opinions

Appeal, No. 24, May T., 1893, by defendant, from judgment of C. P. Dauphin Co., June T., 1892, No. 535, for plaintiff, on appeal from tax settlement. Appeal from tax settlement.

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Appeal, No. 24, May T., 1893, by defendant, from judgment of C. P. Dauphin Co., June T., 1892, No. 535, for plaintiff, on appeal from tax settlement. Appeal from tax settlement. Before McPherson, J. The ease was tried by the court without a jury, the facts being found as follows : “ 1. The defendant is a corporation of the commonwealth chartered in February, 1891, under the general corporation act of 1874, and its supplements, for the purpose of ‘ carrying on the business of mining coal and the manufacturing of coke therefrom, and the transporting, selling and marketing the said coke and…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

This case involves a question not -settled by the Commonwealth v. Pottsville Iron and Steel Company [the preceding case], which has just been decided. In that case a power had been conferred upon a manufacturing company to mine its raw materials, but when the company came to make its investments and organize its business it discarded this power and arranged to supply itself with its materials and fuel by purchase. We held in that case that the mere possession of a power, ancillary to its manufacturing business, which had never been used and the use of which had…

2Cited by7 opinions

  1. Schumacher Stone Co. v. Tax CommissionOhio Supreme Court · 1938
  2. State v. Hennessy Co.Montana Supreme Court · 1924
  3. Commonwealth v. Philadelphia Toilet & Laundry Co.Supreme Court of Pennsylvania · 1940
  4. Bald Mountain Mining Co. v. WelshSouth Dakota Supreme Court · 1937
  5. Com. v. East Bangor Consolidated Slate Co.Supreme Court of Pennsylvania · 1894

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