Legal Opinion

McGarrity v. McQuail

Supreme Court of Pennsylvania

Decided March 31, 1913No. Appeal, No. 12PublishedCited by 3 opinions

Appeal, No. 12, Jan. T., 1913, by plaintiff, from decree of C. P. Schuylkill Co., In Equity, Nov. T., 1912, No. 7, dismissing bill in case of James J. McGarrity v. John McQuail and Andrew Ruscko, Patrick Connelly, Felix. Sharpe, John Norris and James Leary, School Directors of the School District of the Borough of New Philadelphia. Bill in equity to restrain defendant from acting as tax collector of a school district.

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Appeal, No. 12, Jan. T., 1913, by plaintiff, from decree of C. P. Schuylkill Co., In Equity, Nov. T., 1912, No. 7, dismissing bill in case of James J. McGarrity v. John McQuail and Andrew Ruscko, Patrick Connelly, Felix. Sharpe, John Norris and James Leary, School Directors of the School District of the Borough of New Philadelphia. Bill in equity to restrain defendant from acting as tax collector of a school district. Before Koch, J. The opinion of the Supreme Court states the case. The court made a decree dismissing the bill. Plaintiff appealed. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

In February, 1909, James McGarrity was elected col*233lector of taxes in the Borough of New Philadelphia (a school district of the third class in Schuylkill County), for the term of three years; which term by virtue of the amendments to the Constitution was extended to the first Monday of January, 1914. On or about July 5, 1912, the school board of the district in question elected John McQuail collector of school taxes. On October 1, 1912, McGarrity filed a bill in equity against McQuail and the members of the school board averring the foregoing facts; further,…

2Cases cited1 opinion

  1. Black v. Duquesne Borough School DistrictSupreme Court of Pennsylvania · 1913

3Cited by3 opinions

  1. Commonwealth Ex Rel. Davis v. BlumeSupreme Court of Pennsylvania · 1932
  2. Commonwealth v. WhiteSuperior Court of Pennsylvania · 1921
  3. Commonwealth ex rel. Hinkle v. Schaffer, Pennsylvania Court of Common Pleas, Northampton County1925

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