Legal Opinion

Schuylkill County v. Minogue

Supreme Court of Pennsylvania

Decided March 5, 1894No. Appeal, No. 412PublishedCited by 7 opinions

Appeal, No. 412, Jan. T., 1898, by defendant, James F. Minogue, from order of C. P. Scliuylkill Co., Jan. T., 1898, No. 227, discharging rule to strike off judgment. Rule to strike off judgment. Motion to quash appeal. From the record it appeared that on December 1, 1892, the auditors of Schuylkill county filed a report finding that James F. Minogue was indebted to the county in the sum of §425, “ moneys overdrawn for solicitor’s fees.”

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Appeal, No. 412, Jan. T., 1898, by defendant, James F. Minogue, from order of C. P. Scliuylkill Co., Jan. T., 1898, No. 227, discharging rule to strike off judgment. Rule to strike off judgment. Motion to quash appeal. From the record it appeared that on December 1, 1892, the auditors of Schuylkill county filed a report finding that James F. Minogue was indebted to the county in the sum of §425, “ moneys overdrawn for solicitor’s fees.” On the same day judgment was entered on the report. On Feb. 20, 1893, the court granted arule tostrike off the judgment. On Feb. 27 th the court discharged…

1Opinion of the Court

Opinion by

Mr. Outer Justice Sterrett,

Acting on the belief that they had authority to do so, the auditors of Schuylkill county audited the account of the defendant, James F. Minogue, attorney for the county commissioners, and reported him indebted to said county four hundred and twenty-five dollars, moneys overdrawn for solicitor’s fees *166and thereupon, judgment was entered against him for that sum. It is conceded, that the commissioners were also surcharged with a like sum, for unauthorized payment of said fees, which' amount is included in judgment entered against them at the same time; but…

2Cases cited2 opinions

  1. McKinney v. BrownSupreme Court of Pennsylvania · 1889
  2. Appeal of WolffSupreme Court of Pennsylvania · 1889

3Cited by7 opinions

  1. Westmoreland County v. FisherSupreme Court of Pennsylvania · 1896
  2. Lehigh County v. GosslerSuperior Court of Pennsylvania · 1904
  3. Berks County v. LindermanSuperior Court of Pennsylvania · 1906
  4. Goehrig v. Lycoming CountySuperior Court of Pennsylvania · 1900
  5. Resident Advisory Board of Philadelphia, Inc. v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1974

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