Legal Opinion

Monroe County v. Eilenberger

Supreme Court of Pennsylvania

Decided May 13, 1907No. 1; Appeal, No. 7Published

Appeal, No. 7, Jan. T., 1907, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1905, No. 24, for plaintiffs on demurrer in case of Monroe Borough to the use of Stroudsburg Borough, Coolbaugh Township of Chestnut Hill, Smithfield Township and Polk Township v. Fred W. Eilenberger, A. Y. Zimmerman, Jacob E. Michaels, James Armitage, A. W. Knapp and Obadiah Zimmerman, who survive Martin Yetter. Assumpsit on a , county treasurer’s bond.

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Appeal, No. 7, Jan. T., 1907, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1905, No. 24, for plaintiffs on demurrer in case of Monroe Borough to the use of Stroudsburg Borough, Coolbaugh Township of Chestnut Hill, Smithfield Township and Polk Township v. Fred W. Eilenberger, A. Y. Zimmerman, Jacob E. Michaels, James Armitage, A. W. Knapp and Obadiah Zimmerman, who survive Martin Yetter. Assumpsit on a , county treasurer’s bond. Before Staples, P. J. The opinion of the Superior Court states the case. Error assigned was in overruling demurrers and in entering judgment for…

1Opinion of the Court

Opinion by

Rice, P. J.,

This action was brought in the name of the county to the use of a borough and certain townships of the county against a former county treasurer and his sureties upon his official bond given to the county as obligee and conditioned as prescribed *24in sec. S3 of the Act of April 15, 1834, P. L. 537. The use parties filed separate declarations or statements, alleging, in substance, that the county treasurer did not faithfully perform the duties of his office, in that he failed to pay to the use plaintiffs their proportion of the retail liquor license fees received by him for…

2Cases cited5 opinions

  1. Dyer v. Covington TownshipSupreme Court of Pennsylvania · 1857
  2. Lehigh County v. GosslerSuperior Court of Pennsylvania · 1904
  3. Clarke v. County of PotterSupreme Court of Pennsylvania · 1845
  4. Commonwealth v. SingerSuperior Court of Pennsylvania · 1906
  5. Commonwealth v. SchadtSupreme Court of Pennsylvania · 1906

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