Mitchell v. Kearns

Citations

• 16 Pa. Super. 354

Syllabus

<p>School law — Levying building tax — Injunction—Equity.</p> <p>When school directors levy a tax as a building tax, it must be used in good faith for that purpose alone; if in fact there is no expectation or intention of so using the greater portion thereof, such excess is without authority at law.</p> <p>On a bill in equity to restrain the collection of a building tax, a preliminary injunction will be continued where it appears from the defendant’s own testimony that only a small portion of the tax was to be used for building purposes; that the alleged purpose was to use the larger part of the tax in paying debts, although there were no debts shown which could be legally paid out of such a fund, and that the school district had large assets in the shape of sums due from former collectors and treasurers.</p>