Legal Opinion

Bemis v. Shipe

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 126PublishedCited by 13 opinions

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Appeal, No. 126, April T., 1904, by plaintiff, from decree of C. P. Forest Co., Nov. T., 1903, No. 1, dismissing bill in equity in case of J. M. Bemis and Harry C. Bemis, trading as J. M. Bemis & Son, v. H. A. Sbipe. Bill in equity for an injunction. Lindsey, P. J., found the facts to be as follows: 1. The plaintiffs, J. M. Bemis & Son, purchased from the Penn Tanning Company a corporation organized and doing business under the laws of the state of Pennsylvania, the hemlock timber on warrant 3672, Jenks township, Forest county, Pennsylvania, by an instrument in writing dated April 8,1902,…

1Opinion of the Court

Opinion by

Beaver, J.,

The question raised by this appeal is, whether or not a stationary sawmill, in which boilers are set in masonry, erected upon lands belonging to another, held by the owners of the mill under a lease and as to which the owners of the mill had “ the right to remove at any time prior to April 1, 1906, any buildings erected by you (them) on said mill site and lumber yard,” is liable to taxation for county and township purposes.

The plaintiffs filed their bill against the defendant, praying “ that an injunction may be issued, first preliminary and after-wards perpetual,…

2Cases cited1 opinion

Patterson v. Delaware CountySupreme Court of Pennsylvania · 1872

3Cited by13 opinions

In Re Appeal of the Board of School Directors of the Owen J. Roberts School DistrictSupreme Court of Pennsylvania · 2003
Baltimore & Ohio Railroad AppealSupreme Court of Pennsylvania · 1961
County of Franklin v. McCleanSuperior Court of Pennsylvania · 1927
Penn-Lehigh Corp. AppealSuperior Court of Pennsylvania · 1960
Mesta Machine Company CaseSupreme Court of Pennsylvania · 1943

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