Fry v. Berks County
Superior Court of Pennsylvania
Appeal, No. 80, Oct. T., 1908, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1907, No. 57, for defendant on case stated in suit of Henry H. Fry v. Berks County. Case stated to determine liability of county to county treasurer for expenses incurred in employing counsel and printing paper-book in mandamus proceedings to compel him to pay alleged illegal warrants.
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Appeal, No. 80, Oct. T., 1908, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1907, No. 57, for defendant on case stated in suit of Henry H. Fry v. Berks County. Case stated to determine liability of county to county treasurer for expenses incurred in employing counsel and printing paper-book in mandamus proceedings to compel him to pay alleged illegal warrants. Endlich, J., filed the following opinion: This is an action of assumpsit, in which a case has been stated for the opinion of the Court. In December, 1905, the then county treasurer refused to pay a warrant in favor of Wm.…
1Opinion of the Court
Opinion by
Orlady, J.,
A case stated was filed in an action of assumpsit, to determine a question of the liability of the defendant county to pay certain *457counsel fees and expenses incurred by the plaintiff, the county treasurer, in defending certain proceedings instituted against him as such treasurer. The court below entered judgment upon the case stated in favor of the defendant.
Practically the same question was disposed of in Bechtel v. Fry, 217 Pa. 591, and the reasoning of that case applies with equal force to the one now before us. No fair-minded person can dispute the fact that the…
2Cases cited4 opinions
- County of Schuylkill v. PepperSupreme Court of Pennsylvania · 1897
- County of Lehigh v. SemmelSupreme Court of Pennsylvania · 1889
- Bechtel v. FrySupreme Court of Pennsylvania · 1907
- Rothrock v. Easton School District, Pennsylvania Court of Common Pleas, Northampton County1890
3Cited by7 opinions
- Benson, Sheriff v. Bradford Co.Superior Court of Pennsylvania · 1936
- Delaware River Joint Toll Bridge Commission v. CarverSupreme Court of Pennsylvania · 1960
- Smith v. Pittsburgh School DistrictSuperior Court of Pennsylvania · 1918
- Andrews v. County of LawrenceSuperior Court of Pennsylvania · 1926
- Bloom v. Washington CountySupreme Court of Pennsylvania · 1932
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