The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-19

AT COURT.
Borough and School Board File Answers
In FAX Cases.
THEY ARE GENERAL DENIALS
Slight Reduction Allowed on One Borough
Duplicate Judge Bechtel Hears Argu-
ment in the Cases of Mrs Mary Mel
let-Decision is Reserved.


Koch this morning sat in motion court, which
will probably be the last before the regular
January term of court, next Monday being
observed as Christmas. The returns made
by Justices of the Peace to the January ses-
sions of criminal court are coming in slowly.
So far there is one homicide case, that of
Matis Wargo of Mnersville.
Among the first papers filed in court this
morning were the answers of the Borough
Council and School Board of Shenandoah to
the several rules to show cause procured by
the bondsmen of Tax Collector NJ. J. Scanan
on the bonds of 1895 and 1896
The first answer filed relates to the matter
of the petition of Frank j. Brennan, G. f.
Titman and Michael Pribula for the rule to
open the judgment entered on the tax dupli-
cate of 1895. and is as follows:
The Borough of Shenandoah makes answer
to the matters of fact set forth in said petition
and says that the Borough of Shenandoah
delivered to NJ. j. Scanlan, Collector of Taxes
in the Borough of Shenandoah a duplicate
for the year 1895, which duplicate was ac-
cepted by the said collector.
That the said Collector of Taxes had full
power under the law to collect the taxes set
out in said duplicate.
| That the statement as set out in said
petition OF the balance due by the said Col
lector of Taxes is not correct The amount
due by the said collector is the amount soupht
to be collected by the execution issued in this
case.
That the said NJ. ]. Scanlan and his sureties
are responsible for the amount claimed to be
due the Borough of Shenandoah on the tax
duplicate for the year 1895 on the bond given
by the said NJ. j. Scanlan for the collection of
the same, and the said sureties have no valid
or legal defense to the collection of the same
That the said NJ. J. Scanlan, collector OF
taxes for the year 1895, has received all the
generations and other dedicatiOns to which
he is entitled to receive. except $500, with
hVe per cent. commission thereon, which
was paid by said NJ. J. Scanlan on March g.
IS9s, and not credited to him, making a total
Of S210.
The answer is signed by William Mcclure
president, and J. J. Coax ley, secretary of the
Borough Council, and sworn to by c. T.
Straughn, as a member of the finance com
mittee
The second answer filed relates to the
matter of the petition of f. G. Brobst
Michael Mellet and Joseph Rynkawicz for a
rule to open the judgment in the above case,
and is as follows:
The Borough of Shenandoah, making an.
swer to such of the allegations of said petit
| ton as relates TO the matters of fact and re.
serving all exceptions thereto, says
That the Borough of Shenandoah delivered
to NJ j. Scanlan, collector of taxes a dupli.
cate of taxes for the year 1896, which dupli.
cate was accepted by the said collector
That the said Collector of Taxes had full
power under the law to collect the taxes sci
out in said duplicate.
That the said NJ. j. Scanan and his sureties
are responsible for the amount claimed to be
due the borough of Shenandoah on the tax
duplicate for the year 1896 and under the
| bOnd gai / MI g., 81,
collection of the same, and the said suretie.
have no valid or legal defense to the collec
tiOn of the same.
That the said NJ. j. Seaman, as Collector O.
| Taxes, has received all the exonerations anC
and deductions which he is entitled to re-
ceive. That the estimate set forth in tn,
statement filed in the above stated case of the
sum of ~, 7O5.2S is the total of eXonerations
| to which said M. j. Scanlan is entitled fol
said year. he having presented no exonera
tons for said year up to this time
The answer was signed by William Nc
Guire and J. j. Coakley, president and secre
tary of the Borough Council, respectively
and sworn to by G. 7. Straughn, member o
the finance committee
The third answer filed is made by tn,
School Board in the matter of the petition o
+. G, Brobst, Michael Mellet and Josepl
Rynkawicz for the rule to open the judg
menu III Ihe CASE ana is as follows:
The School District of the Borough O
Shenandoah makes answer to such allegation
of said petition as relate to the matters @
fact, and reserying all exceptions thereto
} saws
That the School District of the Borough O
Shenandoah delivered to NJ. j. Scanlan
duplicate of taxes for the year 1896, whicl
duplicate was accepted by said NJ j. Scanlan
That the said collector had full powe
under the law to collect the taxes set out il
said duplicate.
That the SAID NJ. j. Scanlan and his suretie
are reponsible for the amount claimed to b
due the school district on the tax duplicat
for the year 1885, and on the bond given b.
said M. j, Scanlan for the collection of th
same, and that neither of the sureties hav
any valid or legal defense to the collection q
the same.
f That the said NJ. J. Scanlan, as Collector q
Taxes, has received all exOnerations an
other deductions which he is entitled t
receive, or has made demand for up to date
f The last answer is signed by Josep
{ Coughlin, president, and Frank Hanna
secretary, respectively, of the School BOARD
and is sworn to by Mr.. Hanna
THE NELLET CASE.
, On the application of Mrs. Mary Mellet I
. require the Borough of Shenandoah to sho
, cause why the judgment entered againi
: her, as one of the sureties ON NJ. j.. Scanlan