Commonwealth v. Jimison
Supreme Court of Pennsylvania
Appeal, No. 1, Jan. T., 1903, by defendant, from judgment of C. P. Montgomery Co., Oet. T., 1901, No. 122, on verdict for plaintiff, in case of Commonwealth to use of Montgomery County v. Edward J. Jitnison et al. Assumpsit on a bond of suretyship.
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Appeal, No. 1, Jan. T., 1903, by defendant, from judgment of C. P. Montgomery Co., Oet. T., 1901, No. 122, on verdict for plaintiff, in case of Commonwealth to use of Montgomery County v. Edward J. Jitnison et al. Assumpsit on a bond of suretyship. Before Weand, J. The defendant filed the following demurrer to the statement : 1. The plaintiff’s statement fails to show that Jacob L. Loper, the alleged tax collector, was elected to said office according to law or ever became such collector de jure. 2. The statement shows that the alleged bond, signed by demurrants, was not approved according to…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
On September 30, 1897, Jacob L. Loper, was appointed collector of delinquent taxes of the township of Cheltenham for the year 1897 and the duplicate delivered. The appointment was made by the county treasurer upon whom the law conferred that authority. The taxes on the duplicate which it was the duty of Loper to collect amounted to about $4,500. He tendered a bond in sum of $9,000 with appellants as sureties, which was accepted and approved by the county treasurer. The bond, after reciting the appointment of Loper and the delivery to him of the duplicate, has but…
2Cases cited6 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- City of Harrisburg v. GuilesSupreme Court of Pennsylvania · 1899
- Wayne v. Commercial National BankSupreme Court of Pennsylvania · 1866
- Lauer Brewing Co. v. RileySupreme Court of Pennsylvania · 1900
- Bower v. Commissioners of Washington CountySupreme Court of Pennsylvania · 1855
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