Peebles v. City of Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1. of Allegheny county: Of October Term 1882, No. 104. Assumpsit, by George W. Peebles and Mary E., his wife, against the city of Pittsburgh, to. recover back $6,316.33 being the amount of taxes paid by the plaintiffs to the defendant and alleged to have been unlawfully assessed.’. By agreement filed, the parties dispensed with trial by jury, and it was further agreed that the court should take as a statement of the facts of the case…
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Error to the Court of Common Pleas No. 1. of Allegheny county: Of October Term 1882, No. 104. Assumpsit, by George W. Peebles and Mary E., his wife, against the city of Pittsburgh, to. recover back $6,316.33 being the amount of taxes paid by the plaintiffs to the defendant and alleged to have been unlawfully assessed.’. By agreement filed, the parties dispensed with trial by jury, and it was further agreed that the court should take as a statement of the facts of the case (except as necessarily modified), a statement of fact passed on by the Supreme Court in Seely v. Pittsburgh (1 Norris…
1Opinion of the CourtJustice Green
court, October 25th 1882.
The assessment against the plaintiffs' could only be collected adversely by means of a proceeding in the courts. It was payable in installments, and if these were not paid within thirty days after they became due, the city attorney, was to file a claim for the same in the District Court in the same manner as mechanics’ liens are filed, and a writ of scire facias and levari facias might issue thereon as in case of mechanics’ liens. Of course in such a proceeding the person assessed would be accorded every possible opportunity to appear and interpose all objections to…
2Cases cited4 opinions
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- McMillan v. RichardsCalifornia Supreme Court · 1858
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
- Patterson v. CoxIndiana Supreme Court · 1865
3Cited by28 opinions
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- New Orleans & N. E. R. v. Louisiana Const. & Imp. Co.Supreme Court of Louisiana · 1902
- Shenango Furnace Co. v. Fairfield TownshipSupreme Court of Pennsylvania · 1911
- Phipps v. KirkSupreme Court of Pennsylvania · 1939
- Investor's Realty Co. v. HarrisburgSupreme Court of Pennsylvania · 1924
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