These taxes with the exception of those for the year 1936 have been returned and entered in the Treasurer's Office of Westmoreland County. The company is indebted to plaintiff, Derry Township School District, for school taxes levied for the years 1930 to 1936, inclusive, totaling $22,709.04. This property is subject to the lien of two mortgages securing issues of bonds of which approximately $220,000 is unpaid. The bill discloses the following facts: The Barnett Coal Company, the principal defendant, has for years been the owner of coal lands, houses and mining equipment, in Derry Township, Westmoreland County. Cope, and Smith, Best & Horn, all of Greensburg, for appellees.įrom the action of the lower court in sustaining defendants' answer raising preliminary objections to the bill of complaint, and in dismissing the bill and dissolving the preliminary restraining order, plaintiff took this appeal. J., and SCHAFFER, MAXEY, DREW, LINN, and BARNES, JJ. From a judgment dismissing the bill and dissolving a preliminary restraining order, the plaintiff appeals.Īrgued before KEPHART, C. Suit by the Derry Township School District against the Barnett Coal Company and others to require payment to plaintiff of amount of unpaid school taxes, to restrain the commission of waste, and to obtain an account of waste already committed. 179, March term, 1938, from decree of Court of Common Pleas of Westmoreland County, No.
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