Weister v. Hade
Supreme Court of Pennsylvania
This was an appeal from the decree of the Coui-t of Common Pleas of Franlclin county. In Equity. Jacob Weister and a number of others, taxpayers of Antrim township, Franklin county, filed a bill against Joseph Hade and others, school directors of the township, to restrain them from levying a tax to pay money advanced to pay bounties to volunteers. After the Bounty Act of 1864 the township became liable to a draft of sixty-one men.
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This was an appeal from the decree of the Coui-t of Common Pleas of Franlclin county. In Equity. Jacob Weister and a number of others, taxpayers of Antrim township, Franklin county, filed a bill against Joseph Hade and others, school directors of the township, to restrain them from levying a tax to pay money advanced to pay bounties to volunteers. After the Bounty Act of 1864 the township became liable to a draft of sixty-one men. The school directors under that act raised money enough to pay $300 bounty. It was found, however, that substitutes could not be obtained for less than $500. An…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Agnew, J.
We decided in Speer v. School Directors of Blairsville, last year, that the legislature has power to authorize a municipality to borrow money and levy taxes to pay bounties to volunteers, in relief of the district from an impending draft. This has been reaffirmed at the present term in the case of Ahl v. Gleim & Shelby. We then held that the power to create a public debt and liquidate by taxation is too clear for dispute, where the purpose is a public one concerning the common welfare and interest of the municipality: That…
2Cases cited8 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Thomas v. LelandNew York Supreme Court · 1840
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- English v. Robinson Township School DistrictSupreme Court of Pennsylvania · 1947
- Swartz v. Carlisle BoroughSupreme Court of Pennsylvania · 1912
- Commonwealth Ex Rel. v. WertSupreme Court of Pennsylvania · 1925
- Malicks' PetitionSuperior Court of Pennsylvania · 1939
13 more not listed; retrieve them via the Exa API.