Kelly v. City of Pittsburgh
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1876, No. 172. In Equity. The case was first argued on the 80th of October 1876, and this re-argument was subsequently ordered of the court’s own motion.
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Appeal from the decree of the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1876, No. 172. In Equity. The case was first argued on the 80th of October 1876, and this re-argument was subsequently ordered of the court’s own motion. It was a bill in equity, filed the 15th of August 1874, by James Kelly, against the city of Pittsburgh, to restrain said city from taxing the farm of plaintiff for city purposes, from which it derived no benefit, on the ground that such attempted exercise of the taxing power was in conflict with sect. 10, art. 1, of the Declaration…
1Opinion of the CourtJustice Gordon
*176The lands of James Kelly, the appellant, upon which the taxes complained of were assessed, were formerly within the township of Collins, and were afterwards, under the provisions of the Act of April 6th 1867 (Pamph. L. 846), made part of the city of Pittsburgh. That there may be no doubt concerning the subject-matter of the plaintiff’s complaint, and that we may exhibit’ precisely the nature and character of his contention, we give the 6th paragraph of his bill in extenso.
“ It is competent for the legislature, with or without the consent of the citizens, to enlarge the limits of any town or…
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