Wyoming County v. Bardwell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wyoming county: Of July Term 1876, No. 31. This was an amicable action of trespass on the case brought by H. W. Bardwell against the county of Wyoming, the action being founded, as appeared by a statement filed by the plaintiff, on certain orders drawn by the “ Military Board of Wyoming county,” on the treasurer of said county.
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Error to the Court of Common Pleas of Wyoming county: Of July Term 1876, No. 31. This was an amicable action of trespass on the case brought by H. W. Bardwell against the county of Wyoming, the action being founded, as appeared by a statement filed by the plaintiff, on certain orders drawn by the “ Military Board of Wyoming county,” on the treasurer of said county. There were seventy of these orders, all of which were dated in 1871 and the aggregate of which amounted to $444. In his statement the plaintiff averred “ that he had made demand on the county commissioners and county treasurer for…
1Opinion of the CourtJustice Sterrett
The plaintiff, in an action of trespass on the case against the county of Wyoming, filed a statement, in lieu of a declaration, setting forth that his cause of action was founded on orders drawn by *106the military board on the county treasurer; that payment thereof had been demanded of the commissioners and treasurer, and was refused. To this statement the defendant demurred, -and assigned specially, as cause of demurrer, “ that the treasurer of the county hath not, nor is he bound to have, any funds out of which to pay said orders, the act providing the ways and means for the payment having…
2Cited by3 opinions
- Wright v. WeberSuperior Court of Pennsylvania · 1901
- Palethorp v. SchmidtSuperior Court of Pennsylvania · 1900
- Sutterly v. FleshmanSuperior Court of Pennsylvania · 1912