Joos v. Commonwealth

Citations

• 257 Pa. 221
• 101 A. 454
• 1917 Pa. LEXIS 710

Syllabus

<p>Actions — Bes ad judicata — Mercantile appraisers — Advertising— Acts of April 22,181$, P. L. 1$6, and April 11,1862} P. L. 1$2.</p> <p>1. The question of the right of the relator in Commonwealth ex rel. v. McOandless, 129 Pa. 492, to recover for publishing the mercantile list of dealers within the cities of Pittsburgh and Allegheny is res adjudicata, and cannot he litigated again in another proceeding by the same relator involving the same cause of action.</p> <p>2. Under Section 12 of the Act of April 22, 1846, P. L. 486, requiring notices of mercantile appraisements in the County of Allegheny except in^the Cities of Pittsburgh and Allegheny to be advertised in at least two newspapers, the authority of the mercantile appraisers to order such publication will be implied. Such authority was not taken away by the Act of April 11, 1862, P. L. 492, relating to the assessment and collection of mercantile taxes, which must be construed with the other acts relating to the same subject.</p> <p>3. Where a mercantile appraiser for the County of Allegheny ordered the publication of the mercantile list in a newspaper and the work ordered was performed, and thereafter the Commonwealth authorized the publishers of such newspaper to bring an action for whatever might be due him for the work which he had done, the lower court properly entered judgment for the plaintiff for advertising the names of dealers in Allegheny County outside of the Cities of Pittsburgh and Allegheny, and properly refused to permit recovery for advertising furnished within the Cities of Pittsburgh and Allegheny.</p>