21 Pa. Super. 68 | Pa. Super. Ct. | 1902
Opinion by
The Act of March 31, 1864, P. L. 162, entitled “An act relating to the collection of district and township debts in the several counties of the commonwealth,” did not provide a new tribunal for the trial of disputed claims growing out of contracts, nor invest the court of quarter sessions with jurisdiction to adjudicate controverted demands against the township. “The proceeding here prescribed presupposes that the indebtedness has been previously ascertained and fixed, as by judgment,
The judgments against Plains township were many in number, most of them had been entered by the court of common pleas of Luzerne. county, but a considerable number had been entered by justices of the peace. There has been no suggestion that any jurisdictional defect appeared in the record of any of these judgments, nor has there been any intimation as to any one of them that the tribunal in which it was entered did not have jurisdiction of the parties and of the subject-matter. The several actions were brought against the township to recover an indebtedness alleged to be due; whether the township was legally indebted necessarily involved the question of the validity of the plaintiff’s claim under the constitution and laws of the
The conclusion of the learned judge of the court below was right on the main question, that a tax should be levied sufficient to pay off the judgments against the township, together with the expenses of collection and costs of proceeding. The decree, however, must be modified for the levy must be based upon the assessed valuation as revised and equalized by the county commissioners.
The order of the court below is modified and the record is remitted with direction to enter an order in accordance with the foregoing opinion.