M'Dowell v. Ingersoll
Supreme Court of Pennsylvania
THIS was an action of assumpsit, brought by John M'-Doxvell and two others, as executors of George Woods de- . _ , . ° ceased, formerly deputy surveyor of Bedford county, against Jared Ingersoll, to recover the fees due for surveying a body of land in Bedford county.
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THIS was an action of assumpsit, brought by John M'-Doxvell and two others, as executors of George Woods de- . _ , . ° ceased, formerly deputy surveyor of Bedford county, against Jared Ingersoll, to recover the fees due for surveying a body of land in Bedford county. The merits of the case, together with the opinions of the Judges of the Supreme Court, are fully stated in the report of the trial of a former suit, brought by George Woods against Jared Ingersoll and Alexander J. Dallas, for the same cause of action, in the first volume of Mr. Binnefs Reports, page 146. On the trial of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The act of 1785 prescribes the services to be rendered by deputy surveyors to their employers, and the fees that may be demanded as a compensation. It is extremely clear, that where the services enjoined by the act have not been fully rendered, the officer is not entitled to any thing by virtue of the provisions of the act, which gives nothing for incomplete services. Now, it is expressly made the dut^p.f.-the surveyor, where he is not otherwise directed by the Owner of the warrant, to make every survey by going on the ground, and running,…
2Cited by2 opinions
- Harris v. LiggetSupreme Court of Pennsylvania · 1841
- Mock v. AstleySupreme Court of Pennsylvania · 1825