Com. ex rel. Harkins v. Hinkson
Supreme Court of Pennsylvania
Appeal, No. 371, Jan. T., 1894, by defendant, Henry Hinkson, city treasurer of Chester borough, from judgment of C. P., Delaware Co., Sept. T., 1893, No. 220, on demurrer to petition for mandamus. Demurrer to petition for mandamus.
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Appeal, No. 371, Jan. T., 1894, by defendant, Henry Hinkson, city treasurer of Chester borough, from judgment of C. P., Delaware Co., Sept. T., 1893, No. 220, on demurrer to petition for mandamus. Demurrer to petition for mandamus. The facts appear by the following opinion of the court below, by Hemphill, J., 15th district, specially presiding: “ John .Harkins, a duly and legally appointed policeman of the city of Chester, unable to secure payment for services rendered said city as a policeman, brought suit for the same before an alderman of said city, and, on Oct. 30, 1893, recovered a…
1Opinion of the Court
Per Curiam,
Vigilance on the part of all officers intrusted with the disbursement or oversight of public moneys cannot be commended too highly. It is better to err on the side of safety than on that of carelessness or extravagance. In this case we think the controller has carried official vigilance beyond the limits of his official authority.
The writ of mandamus was properly issued, and the action of the court below is fully vindicated by the opinion of the learned judge who directed the writ.
The order is now affirmed.
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