Selin's-Grove Water Co. v. Bor. of Selin's Grove

Citations

• 127 Pa. 134
• 17 A. 862
• 1889 Pa. LEXIS 1094

Syllabus

<p>1. Where, in a proceeding by a creditor in the Court of Quarter Sessions under the act of April 22, 1887, P. L. 61, to enforce by mandamus the collection of a special tax sufficient to pay an indebtedness alleged, the petition of citizens and taxpayers of the borough for leave to intervene is refused, the petitioners have no standing to be heard upon the matter on appeal or certiorari in the Supreme Court.</p> <p>2. When, in such a proceeding, the borough flies an answer admitting the indebtedness but averring that the treasury is empty and that the revenues which the borough may lawfully raise by taxation in any one year are inadequate to meet the claim, such admission is equivalent to a judgment in favor of the petitioner, and will entitle him to a decree in his favor: per Bucher, P. J.</p> <p>3. The iight of a citizen and taxpayer of a borough, to become a party to any suit or process pending against the borough, etc., under the provisions of the act of March 23, 1877, P. L. 20, exists only where the proceedings in which he applies to intervene are instituted in the Court of Common Pleas: per Bucher, P. J.</p>