63 Pa. Super. 436 | Pa. Super. Ct. | 1916
Opinion by
The opinion of President Judge Audenried of the court below, which will appear in the report of this case renders an extended discussion of the questions presented unnecessary. The appellant states the questions involved to be two; (1) Is it lawful for a plaintiff to sue a defendant in two courts at the same time and upon the same claim or cause of action? (2) Does the Act of April 4th, 1907, P. L. 40, as amended by the Act of March 25, 1909, P. L. 78, violate the provisions of Article III, Section 7, of the Constitution, forbidding the passage of any local or special laws providing or changing methods for the collection of debts?
The first question is supposed to be based on the fact that the municipal claim for an assessment for a street improvement in front of the property of the defendant had been filed in the Court of Common Pleas before this action of assumpsit for the collection of the claim was instituted. The court below properly held that the filing of the claim was not an election to proceed for its recovery by an action in rem against the property, to enforce the lien which was an incident of the claim. The filing of the claim was not an action for its recovery, the defendant was not required to answer or do anything concerning it, it did not invoke the jurisdiction of the court to enter any judgment or decree. There is no question that the assessment had been regularly made and that the claim was filed in the Court of Common Pleas within the time required by existing legislation.
The contention of the appellant, as to the second question alleged to be involved: “Do the Acts of 1907, P. L. 40 and 1909, P. L. 78, violate the provisions of Article III, Section 7, of the Constitution, forbidding the passage of any local or special laws providing or changing methods for the collection of debts, “is not well founded. The decisions cited by the appellant in support of his contention relate to contracts or transactions between private individuals, and the collection of private debts, such questions as arose under the Mechanics’ Lien Law of June 4, 1901, P. L. 431. Assessments for benefits arising from municipal improvements are an exercise of the sovereign power of taxation. No private individual can, under our system of government, be invested with this power. It is entirely competent for the legis
The judgment is affirmed.