County of McKean v. Young
Superior Court of Pennsylvania
Appeal, No. 23, Feb T., 1899, by defendant, from judgment of C. P. McKean Co., June T., 1898, No. 168, in favor of plaintiff on issue tried before the court without a jury. Opinion by Smith, J. Issued tried without a jury.
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Appeal, No. 23, Feb T., 1899, by defendant, from judgment of C. P. McKean Co., June T., 1898, No. 168, in favor of plaintiff on issue tried before the court without a jury. Opinion by Smith, J. Issued tried without a jury. Before Morrison, J. It appears from the record that the auditors in McKean county stated an account against W. A. Young, one of the commissioners of McKean county, surcharging him with $87.27. An issue was framed in the form of the county of McKean as plaintiff and W. A. Young, commissioner, as defendant, to try whether the said defendant is indebted to the said plaintiff,…
1Opinion of the Court
Opinion by
Smith, J.,
The items of surcharge here complained of consist of hotel bills, attendance on a state convention of county commissioners held at Gettysburg, and railroad fare on such attendance. The controversy is with respect to the liability of the county for these items.
The obligation of the county to compensate its officers is wholly statutory. Unless it is created by statute, either in express terms or by necessary implication, it does not exist. “ An officer derives equally his authority and his compensation from the law, and when both are defined in the law, he can no more…
2Cases cited4 opinions
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1829
- Mansel v. NicelySupreme Court of Pennsylvania · 1896
- Albright v. County of BedfordSupreme Court of Pennsylvania · 1884
- Kittaning Academy v. BrownSupreme Court of Pennsylvania · 1862
3Cited by13 opinions
- Cotlar v. Warminster TownshipCommonwealth Court of Pennsylvania · 1973
- Susquehanna County Auditors' ReportSuperior Court of Pennsylvania · 1935
- Delaware River Joint Toll Bridge Commission v. CarverSupreme Court of Pennsylvania · 1960
- Commonwealth v. MooreSuperior Court of Pennsylvania · 1912
- Commonwealth v. GingrichSuperior Court of Pennsylvania · 1902
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