Graham v. Schuylkill County
Superior Court of Pennsylvania
Appeal, No. 123, Oct. T., 1900, by defendant, from judgment of O. P. Schuylkill Co., May T., 1900, No. 380, for plaintiff on case stated in case of D. M. Graham v. Schuylkill County. Case stated to determine liability of county for expenses of .advertising election proclamation.
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Appeal, No. 123, Oct. T., 1900, by defendant, from judgment of O. P. Schuylkill Co., May T., 1900, No. 380, for plaintiff on case stated in case of D. M. Graham v. Schuylkill County. Case stated to determine liability of county for expenses of .advertising election proclamation. The case stated was as follows : “ On April 21, 1900, the Daily American secured judgment against the county of Schuylkill for $51.00, a balance alleged to be due the said Daily American on account of the publication of the sheriff’s proclamation in the said Daily American of Mahanoy City for the November election in…
1Opinion of the Court
Opinion by
Rice, P. J.,
The Act of June 26, 1895, P. L. 392, makes it the duty of the sheriff to give notice of general elections by advertisements in at least three newspapers, if there be so many published in the county. Subject to the limitations expressed in the act the discretionary power to select the newspapers is vested exclusively in him. In contracting for the publication of the election proclamation, he acts as the agent of the public, and the. county is directly liable to the publishers for the advertising expenses thus incurred: Eyster v. Rineman, 11 Pa. 147. If the sheriff exceeds…
2Cases cited11 opinions
- Commissioners v. HallSupreme Court of Pennsylvania · 1838
- Knisely v. ShenbergerSupreme Court of Pennsylvania · 1838
- Bartholomew v. Lehigh Co.Supreme Court of Pennsylvania · 1892
- Allegheny County v. WattSupreme Court of Pennsylvania · 1846
- County of Northampton v. InnesSupreme Court of Pennsylvania · 1856
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3Cited by5 opinions
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- Commonwealth Ex Rel. Short v. WoodwardSuperior Court of Pennsylvania · 1924
- County of Allegheny v. Allegheny County Prison Employees' Independent UnionCommonwealth Court of Pennsylvania · 1980
- In Re Appointment of Visitors to the Allegheny County HomeSuperior Court of Pennsylvania · 1933
- York Gazette Co. v. York CountySuperior Court of Pennsylvania · 1904