Legal Opinion

Mitchell v. Kearns

Superior Court of Pennsylvania

Decided February 14, 1901No. 1; Appeal, No. 43Published

Appeal, No. 43, Jan. T., 1901, by-defendants, from decree of C. P. Luzerne Co., Oct. T., 1900, No. 17, on bill in equity in case of Thomas Mitchell v. Michael Kearns et al., School Directors of Pittston Township and E. J. Keating, Tax Collector of said Township. Bill in equity to restrain the collection of a building tax.

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Appeal, No. 43, Jan. T., 1901, by-defendants, from decree of C. P. Luzerne Co., Oct. T., 1900, No. 17, on bill in equity in case of Thomas Mitchell v. Michael Kearns et al., School Directors of Pittston Township and E. J. Keating, Tax Collector of said Township. Bill in equity to restrain the collection of a building tax. Before Woodward, P. J. From the record it appeared that the tax levied would raise the' sum of about $3,500. The alleged purpose of the tax was to purchase a lot and building said to be worth about $1,200. It was not denied that a very considerable portion of the fund was to…

1Opinion of the Court

Per Curiam,

This is an appeal from an interlocutory order continuing a preliminary injunction. The defendants are the school directors of Pittston township school district and the township collector of taxes. The plaintiff is a citizen and taxpayer of the school district who sues for himself and all other taxpayers thereof who may think proper to join in the bill. Notwithstanding the admitted fact that the school district had collectible assets amounting to $6,377, consisting of sums due from former collectors and treasurers, which the directors, in apparent disregard of their plain duty, were…

2Cases cited2 opinions

  1. St. Clair School Board's AppealSupreme Court of Pennsylvania · 1873
  2. German Township School District v. SangstonSupreme Court of Pennsylvania · 1874

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