Higgins v. Price

Citations

• 36 Pa. Super. 215
• 1908 Pa. Super. LEXIS 139

Syllabus

<p>Case stated — Practice, C. P. — Municipalities—Annexation of territory— Constitutional law — Act of April 28, 1903, P. L. 332.</p> <p>In determining an issue on a case stated the court cannot go oiitside of the case stated, nor beyond the issue therein raised, the presumption being that'what is not included is kept out for a sufficient reason.</p> <p>On a case stated to determine whether real estate annexed from a township to a city is liable to the township school district for taxes for the year of annexation, where no mention is made of the Act of April 28, 1903, P. L. 332, and it does not appear from the case stated that'the annexation proceedings were under that act, and the decree of annexation stands unreversed and unappealed from, the court in passing upon the case stated cannot determine the question whether the act of 1903 is or is not constitutional.</p>