Wade v. Oakmont Borough
Supreme Court of Pennsylvania
Appeal, No. 151, Oct. T., 1894, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 10, on bill in equity. Bill by taxpayers to restrain collection of tax.
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Appeal, No. 151, Oct. T., 1894, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 10, on bill in equity. Bill by taxpayers to restrain collection of tax. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court. -Errors assigned were the findings (1) that the levy of the three mill tax was legal; (2) that the constitutional limit of indebtedness was not exceeded by such levy ; (8, 4) dismissal of bill as to all other matters except restraining defendants from using the three mill tax for any other purpose than payment of principal and interest of…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
By a decree of the Court of Quarter Sessions of Allegheny county, on March 4th, 1889, defendant was created a municipality by the name of Borough of Oakmont. The greater part of its territory came off the borough of Verona, and the proceedings to constitute the new one were had under act of June 1st, 1887. The municipal indebtedness of the old borough was $23,376.75, and under the same act, the proportion of this, fixed as that of the new borough, was $13,680. This was specifically determined by the decree of incorporation. The rate of interest on this debt, and…
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