Legal Opinion

Carney v. Wheatfield Township

Supreme Court of Pennsylvania

Decided September 15, 1842Published

ERROR to the Special Court of Indiana county. John Carney against the Township of Wheatfield. The plaintiff had been supervisor of the township for the year 1823. On the 23d of April 1824, the township auditors settled his account and found a balance in his favour of #281.58, for which they gave him an order upon his successor in office; and this was an action on the case in assumpsit to recover the money from the township.

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ERROR to the Special Court of Indiana county. John Carney against the Township of Wheatfield. The plaintiff had been supervisor of the township for the year 1823. On the 23d of April 1824, the township auditors settled his account and found a balance in his favour of #281.58, for which they gave him an order upon his successor in office; and this was an action on the case in assumpsit to recover the money from the township. The court below was of opinion that the plaintiff was not entitled to recover, and directed a verdict for the defendant.

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

— This case arose under the Act of the 6th of April 1802, the parts of which, applicable to this casé, seem to be: — Section 4, which directs that at the time and place of choosing supervisors in each township, the electors shall elect four capable *216and discreet freeholders, whose duty it shall be to settle the accounts of the supervisors whose time is about to expire; and the supervisors on the 25th of March, or within ten days thereafter, shall produce fair accounts of all sums of money by him or them expended on the highways, and of all…

2Cases cited1 opinion

  1. Willard v. ParkerSupreme Court of Pennsylvania · 1829

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