Legal Opinion

Pike County v. Rowland

Supreme Court of Pennsylvania

Decided June 22, 1880PublishedCited by 15 opinions

Error to tbe Court of Common Pleas of Monroe county: Of January Term 1880, No. 66. Covenant by Lafayette Rowland against Pike county to recover interest on several bonds issued by said county.

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Error to tbe Court of Common Pleas of Monroe county: Of January Term 1880, No. 66. Covenant by Lafayette Rowland against Pike county to recover interest on several bonds issued by said county. The defendant pleaded non est factum; non infregit conventionem, and want of consideration, with leave, &c., and also filed the following special pleas: 1. That on the 5th day of November 1875, when it is alleged the covenants set forth in the declaration were made, no meeting of the commissioners of the county of Pike was held at which said covenants could be lawfully made. 2. That on said 5th day of…

1Opinion of the CourtJustice Trunkey

The Act of 1834 provides that the corporate powers of a county shall be exercised by the commissioners; that two of them shall form a board for the transaction of business, and when convened in pursuance of notice or according to adjournment shall he competent to perform all duties appertaining to the office. To these officers are intrusted the care and management of county business and property. The voice of the inhabitants is not directly heard in the levying of taxes, making of contracts or expenditure of money — their power is only felt at the election of commissioners. The question…

2Cases cited4 opinions

  1. Downing v. RugarNew York Supreme Court · 1839
  2. Stow v. WyseSupreme Court of Connecticut · 1828
  3. People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860
  4. Harding v. VandewaterCalifornia Supreme Court · 1870

3Cited by15 opinions

  1. Garr v. FulsSupreme Court of Pennsylvania · 1926
  2. American Road Machine Co. v. Township of WashingtonSuperior Court of Pennsylvania · 1898
  3. Rafferty v. Town CouncilSupreme Court of Iowa · 1917
  4. Redstone Township School DistrictSupreme Court of Pennsylvania · 1925
  5. County of Schuylkill v. BoyerSupreme Court of Pennsylvania · 1889

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