Gifford v. County of Erie
Pennsylvania Court of Common Pleas, Erie County
No. 349 January Term 1891, Sup. Ct.; court below, No. 54 September Term 1891, C. P. On May 17, 1890, W. 11. Wade and others, commissioners of Erie county, filed their appeal from the report of the county auditors upon the accounts of M. V. B. Gilford, late sheriff of said county; and on May 26th, an issue was directed, wherein M. V. B. Gifford was made plaintiff, and the county of Erie defendant.
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No. 349 January Term 1891, Sup. Ct.; court below, No. 54 September Term 1891, C. P. On May 17, 1890, W. 11. Wade and others, commissioners of Erie county, filed their appeal from the report of the county auditors upon the accounts of M. V. B. Gilford, late sheriff of said county; and on May 26th, an issue was directed, wherein M. V. B. Gifford was made plaintiff, and the county of Erie defendant. Subsequently, the cause was put at issue upon a statement of claim filed by the plaintiff, and the plea of nonassumpsit, payment, and set-off, on the part of the defendant. At a second trial of the…
1Per curiam
The fifty-sixth section of the act of April 15,1834, P. L. 547, provides that “An appeal may be made from such report (county auditors’) to the Court of Common Pleas of the same county, either by the commonwealth, the county, or the officer; and thereupon the court may direct an issue, as the ease may require, to be tried by a jury, upon whose verdict final judgment shall be entered.” As this was such a case, we are of opinion the judgment in the court below upon the verdict in the feigned issue was the end of it. This appeal is a substitute for a writ of error, and must be quashed:…
2Cases cited1 opinion
- Appeal of GangewereSupreme Court of Pennsylvania · 1869
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