Luzerne County v. Day
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was an appeal from the judgment of a justice of the peace, in an action by J. L. Day v. The County of Luzerne; which was brought to recover for service rendered as a surgeon in a post mortem examination held before an inquest convened by a justice of the peace. The proceeding had been approved of by the Court. The plea was non assumpsit.
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Error to the Common Pleas of Luzerne county. This was an appeal from the judgment of a justice of the peace, in an action by J. L. Day v. The County of Luzerne; which was brought to recover for service rendered as a surgeon in a post mortem examination held before an inquest convened by a justice of the peace. The proceeding had been approved of by the Court. The plea was non assumpsit. On the trial the Court charged, first, That the plaintiff might recover without proof of a previous demand upon the county commissioners. That the inquisition and its confirmation by the Court entitled him to…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
The financial interests of a county are under the supervision and control of the county commissioners, who are required to pay all legal demands against the county by warrants drawn by them upon the county treasurer. This is the only mode of payment known to the law, and the claims are of such a multifarious character that it is impossible for the commissioners to know of their existence without presentation.
When a legal claim is presented for payment, it is the duty of the commissioners to draw their warrant for its payment. If this is…
2Cited by2 opinions
- Boyle's LunacySuperior Court of Pennsylvania · 1902
- Friend v. City of PittsburghSupreme Court of Pennsylvania · 1890