Arrott v. Allegheny County

Opinion by

Mr. Justice Drew,

Proceeding under the provisions of the Act of May 8, 1929, P. L. 1656, * plaintiff sought from the county commissioners of Allegheny County a refund of personal property taxes alleged to have been erroneously and inadvertently paid on July 30, 1929. The payment was voluntary and without protest. His claim was refused and the present action of assumpsit instituted on August 28, 1935. Defendant’s affidavit of defense raising questions of law was sustained on the ground that the action was barred by the statute of limitations. This appeal followed.

In our opinion, it is…