Legal Opinion

Devlin's Case

Superior Court of Pennsylvania

Decided April 19, 1909No. 1; Appeal, No. 22PublishedCited by 1 opinion

'Appeal, No. 22, March T., 1909, by John L. Devlin, from order of C. P. Luzerne Co., Dec. T., 1905, No. 136, surcharging tax collector in the Matter of John L. Devlin’s Accounts. Appeal from report of township auditor on the accounts of John L. Devlin, tax collector.

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'Appeal, No. 22, March T., 1909, by John L. Devlin, from order of C. P. Luzerne Co., Dec. T., 1905, No. 136, surcharging tax collector in the Matter of John L. Devlin’s Accounts. Appeal from report of township auditor on the accounts of John L. Devlin, tax collector. Ferris, J., filed the following opinion: The petition upon which this rule was granted contains the following averments: 1. That the auditors of the township of Plains filed their report of the audit, settlement and adjustment of the accounts of John L. Devlin, tax collector of said township, with the school district of said…

1Opinion of the Court

Per Curiam,

We think the learned judge below was right in holding that there was no necessity for an issue to determine disputed questions of fact, since all such questions which were raised by petition and answer were determinable by an inspection of the auditor’s report appealed from. We think also he was right in his interpretation of the word “rebates” as used in the auditor’s report, and that no jury or evidence was necessary to determine what was meant thereby. These conclusions are so well sustained by his opinion that we need not discuss the merits of the case further.

But apart from…

2Cases cited1 opinion

  1. Dunmore Borough School District v. WahlersSuperior Court of Pennsylvania · 1905

3Cited by1 opinion

  1. Lytle v. RupertSuperior Court of Pennsylvania · 1910

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