Appeal of Conners
Supreme Court of Pennsylvania
Appeal from a decree of the Court of Common Pleas of Schuylkill county: Of January Term 1883, No. 371. This was an appeal by Thomas Conners, et ah, from the same decree as is set forth in the preceding report of the Appeal of the Delano Land Company, et al., where tlie facts of tlie ease and the opinion of the court are fully reported.
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Appeal from a decree of the Court of Common Pleas of Schuylkill county: Of January Term 1883, No. 371. This was an appeal by Thomas Conners, et ah, from the same decree as is set forth in the preceding report of the Appeal of the Delano Land Company, et al., where tlie facts of tlie ease and the opinion of the court are fully reported. The appellants in this appeal assigned for error the action of the court in enjoining the defendants (1) from collecting a greater building tax than four-fifths of a mill, and (2) from levying and collecting so much of the building tax “ as is intended to repay…
1Opinion of the Court
The opinion of tlie court was filed
2Per curiam
Although legislative authority be given to impose a tax for a certain purpose, yet if tlie tax levied be clearly in excess of the sum required for that purpose, its collection may be enjoined: St. Clair School Board’s Appeal, 24 P. E. Smith 252. When the tax is levied without authority of law the right to enjoin against its collection is undoubted, ilere the attempt was to levy and collect a building tax in one year, for the purpose of using a portion thus collected to pay a deficit in the general fund for the preceding year. It is settled that the building…
3Cited by12 opinions
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- Ritzman v. Coal Township School DirectorsSupreme Court of Pennsylvania · 1934
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