Commonwealth v. Tobin
Supreme Court of Pennsylvania
Appeal, No. 226, Oct. T., 1912, by .defendant, from order of C. P. Allegheny Co., Oct. T., 1912, No. 1503, sustaining .demurrer to answer to petition for quo warranto in case of Commonwealth, ex rel. James A. Fulton v. Daniel S. Tobin. Petition for quo warranto.
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Appeal, No. 226, Oct. T., 1912, by .defendant, from order of C. P. Allegheny Co., Oct. T., 1912, No. 1503, sustaining .demurrer to answer to petition for quo warranto in case of Commonwealth, ex rel. James A. Fulton v. Daniel S. Tobin. Petition for quo warranto. Shafer, J., and Carnahan, J., filed the following opinion: A writ of quo warranto was issued requiring the defendant to show by what authority he claims to be collector of the school taxes of the school district of the City of McKeesport, to which the defendant has filed an answer, and the answer is now demurred to by the plaintiff.…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
What was said in an opinion just handed down in the case of Black v. Duquesne Borough, 239 Pa. 96, applies with equal force to the main contentions of the parties to this controversy. The only difference in the two cases is that in the case at bar the tax collector of a city of the third class has raised the question, while in the former case the tax collector elected by the people of the borough asserted his authority to collect school taxes. In cities of the third class school taxes are collected under the Act of June 20, 1901, P. L. 578, and this point of…
2Cases cited1 opinion
- Black v. Duquesne Borough School DistrictSupreme Court of Pennsylvania · 1913
3Cited by3 opinions
- Commonwealth v. WhiteSuperior Court of Pennsylvania · 1921
- Commonwealth v. DusmanSupreme Court of Pennsylvania · 1913
- Copelin v. Harrisburg Board of School DirectorsSupreme Court of Pennsylvania · 1913