Commonwealth v. Topper
Supreme Court of Pennsylvania
Appeal, No. 77, Oct. T., 1907, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1906, No. 419, for plaintiff on quo warranto in case of Commonwealth ex rel. Joseph Boland v. William Topper. Quo warranto to determine title to office of tax collector of Cresson township. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The question here presented concerns the right of the appellant as collector of taxes for the township of Cresson in Cambria county, to collect the school taxes of the township. The ground on which this right is challenged will appear from a brief statement of the facts. The respondent below, here the appellant, William Topper, was duly elected collector of taxes of the township at the February election in 1906. In June following, Sankertown borough was created out of territory which at the time of the election was embraced within the limits of the township.…