Legal Opinion

Commonwealth v. Wilkes-Barre & Hazleton Railroad

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 10PublishedCited by 18 opinions

Appeal, No. 10, May T., 1915, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1913, No. 97, for defendant on submission to court without a jury, in case of Commonwealth of Pennsylvania v. Wilkes-Barre and Hazleton Railroad Company. Appeal from settlement of tax on corporate loans by the auditor general and state treasurer. Before Kunkel, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 10, May T., 1915, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1913, No. 97, for defendant on submission to court without a jury, in case of Commonwealth of Pennsylvania v. Wilkes-Barre and Hazleton Railroad Company. Appeal from settlement of tax on corporate loans by the auditor general and state treasurer. Before Kunkel, P. J. The opinion of the Supreme Court states the facts. The case was tried without a jury under the provisions of the Act of April 22,1874, P. L. 109. The court entered judgment for defendant. The Commonwealth appealed. Errors assigned…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

Defendant is a corporation of the State of New Jersey with general powers to do various acts, including that of holding bonds, mortgages, stocks, securities and other evidences of indebtedness of public or private transportation, light, heat, water or power companies. In 1901, the company owned practically the entire capital stock and bonds of the Wilkes-Barre and Hazleton Railroad Company, Lehigh Traction Company and the Wilkes-Barre Terminal Railroad Company, all corporations organized under the laws of this Commonwealth. Defendant issued bonds to the amount…

2Cases cited5 opinions

  1. Commonwealth v. Standard Oil Co.Supreme Court of Pennsylvania · 1882
  2. Delaware River Quarry & Construction Co. v. Bethlehem & Nazareth Passenger Railway Co.Supreme Court of Pennsylvania · 1902
  3. People's Building, Loan & Saving Ass'n v. BerlinSupreme Court of Pennsylvania · 1901
  4. Pavilion Co. v. HamiltonSuperior Court of Pennsylvania · 1900
  5. Commonwealth v. Barrett Manufacturing Co.Supreme Court of Pennsylvania · 1914

3Cited by18 opinions

  1. Callery's AppealSupreme Court of Pennsylvania · 1922
  2. Welch Holding Co. v. GallowayOregon Supreme Court · 1939
  3. Bankers Holding Corp. v. MayburyWashington Supreme Court · 1931
  4. State Ex Rel. State Corp. Commission v. Old Abe Co.New Mexico Supreme Court · 1939
  5. Mingus v. Florence Mining & Milling Co.Supreme Court of Pennsylvania · 1931

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