Godshalk v. Northampton County
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: No. 306, to January Term 1872. In tbe court below this was an appeal entered May 11th 1868, by Benjamin Godshalk, late sheriff of Northampton county, from the report of the county auditors, filed March 23d 1868. On the appeal the court directed an issue in assumpsit to be framed, in which the county of Northampton should be plaintiff and Godshalk defendant.
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Error to the Court of Common Pleas of Northampton county: No. 306, to January Term 1872. In tbe court below this was an appeal entered May 11th 1868, by Benjamin Godshalk, late sheriff of Northampton county, from the report of the county auditors, filed March 23d 1868. On the appeal the court directed an issue in assumpsit to be framed, in which the county of Northampton should be plaintiff and Godshalk defendant. On the trial, January 27th 1872, before Longaker, P. J., the plaintiff gave in evidence a paper filed March 23d 1868, and claimed to be the auditor’s report; the heading was as…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
It is clear that the commissioners had no right to pay the defendant, and he had no right to receive twenty per cent, in excess of the amount allowed by law for boarding the jail prisoners of the county. Having no right to the money he cannot in good conscience retain it, and the county is clearly entitled to recover it back. The judgment in this case, therefore, does exact justice between the parties. But if there was such error in the trial of the issue, as calls for its reversal, it is our duty to correct it. The defendant can raise no…
2Cited by15 opinions
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