County of Fulton v. Tate
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This action came into the court by appeal from the judgment of a justice of the peace, in an action of debt, in which the County of Fulton was plaintiff, and John W. Tate and John W. Lingenfelter were defendants. By agreement of counsel the following case was stated for the opinion of the court, in the nature of a special verdict.
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Error to the Common Pleas of Bedford county. This action came into the court by appeal from the judgment of a justice of the peace, in an action of debt, in which the County of Fulton was plaintiff, and John W. Tate and John W. Lingenfelter were defendants. By agreement of counsel the following case was stated for the opinion of the court, in the nature of a special verdict. It is admitted that the whole claim of the plaintiff consists of taxes and costs, bid by the defendants or their agents, for six tracts of unseated land, sold by William Cooper, treasurer of Fulton county, on the 9th day…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The. 3d section of the Act of 13th March 1815., certainly could not have been in the mind of the court below, in ruling this cause against the plaintiff. It expressly provides for the suit in the name of the county, “ in such courts as debts of equal amount are by law recoverable.” In McConahy v. Courtney, 7 Watts 491, it was decided that the act against taking illegal fees, which gave the party injured a penalty of $50 “to be recovered as debts of the same amount are recoverable,” authorized suit for the penalty to be brought before a…
2Cases cited2 opinions
- Garman v. GambleSupreme Court of Pennsylvania · 1840
- M'Conahy v. CourtneySupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- Plank v. Monroe County Tax Claim BureauCommonwealth Court of Pennsylvania · 1999
- Bank of America v. DE&S Properties, Pennsylvania Court of Common Pleas, Monroe County2010
- BB Management LLC v. Groundfloor Properties GADistrict Court, M.D. Pennsylvania · 2026