Brennan's Appeal

Decided March 29, 1880

Supreme Court of Pennsylvania · decided 1880-03-29

.Certiorari to Common Pleas of Schuylkill County. No. 127, January Term, 1880. The facts of the case appear in the opinion delivered December 1,1879 by Walker, J.: This case comes before us on an appeal by a taxpayer, from the settlement of the treasurer’s and collector’s accounts by the board of auditors of Mahanoy township. The 104th sec. of act 15, April, 1834, (Pur.

Decided 1880-03-29

¶1The Supreme Court affirmed the decision of the Court below on March 29, 1880, in the following opinion ;

Per Curiam.

¶2If the Act of May 1, 1876, P. L. 88, is inconsistent with the Act of February 17, 1859, P. L. 52, it operated so far as a repeal of it: Keller vs. Comm’th, 21 P. F. Smith, 413. But it is not necessary to decide that question. The two acts may well stand together. By the Act of 1876, Breisch had a perfect right to appeal. On the merits, if we can consider them on this certiorari, we think the Court below was right in rejecting the collector’s claims for commission, on the sums claimed to have been worked out on the roads by the taxpayers.

¶3Proceedings affirmed.