Legal Opinion

Neale v. The Overseers

Supreme Court of Pennsylvania

Decided October 15, 1836PublishedCited by 5 opinions

ERROR to the common pleas of Armstrong county. . This was an action of assumpsit by Dr Samuel S. Neale against the Overseers of the Poor of Alleghany township, to recover a compensation for medical services rendered to a pauper at the special instance and request of the overseers; and, to maintain the issue on his part, the plaintiff offered in evidence the written request of Daniel Naugle, one of the overseers of the township, to the plaintiff, to attend the patient, who…

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ERROR to the common pleas of Armstrong county. . This was an action of assumpsit by Dr Samuel S. Neale against the Overseers of the Poor of Alleghany township, to recover a compensation for medical services rendered to a pauper at the special instance and request of the overseers; and, to maintain the issue on his part, the plaintiff offered in evidence the written request of Daniel Naugle, one of the overseers of the township, to the plaintiff, to attend the patient, who was a pauper. The defendants objected to the evidence, on the ground that Daniel Naugle, although elected an overseer, had…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The reason of rejecting the paper offered in evidence, does not appear on the record; but it seems from the argument here, to have been because the overseer had not been sworn before undertaking the office.

Where an officer sues as such, he must in general prove that he is legally entitled, by having qualified himself according to law; but *539where he has acted as an officer and is sued, or the township, as in this case, is sued, the plaintiff is not bound to do more than show he was elected and acted as such. Riddle v. Bedford, 7 Serg. & Rawle…

2Cases cited1 opinion

  1. Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821

3Cited by5 opinions

  1. In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
  2. Solar Electric Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1926
  3. Gregg Township v. JamisonSupreme Court of Pennsylvania · 1867
  4. Mayor of New York v. FlaggNew York Supreme Court · 1858
  5. Shriver v. StephensSupreme Court of Pennsylvania · 1852

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