Cunningham v. Mitchell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 27, to October and November Term 1870. This was an action of trespass, issued February 19th 1868, by David Mitchell against Francis M. Cunningham.
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Error to the Court of Common Pleas of Fayette county: No. 27, to October and November Term 1870. This was an action of trespass, issued February 19th 1868, by David Mitchell against Francis M. Cunningham. The cause of action was the seizure and sale by the defendant of a wagon belonging to the plaintiff. , The defendant justified under a warrant from the school directors of Stewart township for the collection of a tax assessed by the school directors, under the Act of May 1st 1866, to pay $600 — bounties to two veteran volunteers — the defendant being one, and one Williams, a member of the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
The defendant below was a collector of bounty taxes appointed by the board of school directors of Stewart township, and acting under a regular warrant for collection of taxes in a duplicate put into his hands by the board. The plaintiff below brought an action of trespass against him for levying upon and selling a wagon of the plaintiff for taxes contained in the duplicate which he had refused to pay. No objection was made to the regularity of the warrant and assessment, but the court below held that the defendant was not protected by his…
2Cited by6 opinions
- Altemose Construction Co. v. Building & Construction Trades CouncilSupreme Court of Pennsylvania · 1972
- Reap's AppealSuperior Court of Pennsylvania · 1926
- Rice v. BurnsSuperior Court of Pennsylvania · 1898
- Cessna v. ClouseSuperior Court of Pennsylvania · 1913
- Campbell v. Commonwealth, Pennsylvania Court of Common Pleas, Beaver County1941
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