Legal Opinion

Berks County v. Linderman

Superior Court of Pennsylvania

Decided January 13, 1906No. Appeal, No. 206PublishedCited by 1 opinion

Appeal, No. 206, Oct. T., 1905, by defendant, from judgment of C. P. Berks Co., June T., 1901, No. 69, on verdict for plaintiff in case of Berks County v. George K. Linderman. Appeal from report of county auditors. Feigned issue to determine liability of defendant to the county for certain moneys claimed by the county. Before Ermentrout, P. J. The court gave binding instructions for plaintiff. Yerdict and judgment for plaintiff. Defendant appealed.

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Appeal, No. 206, Oct. T., 1905, by defendant, from judgment of C. P. Berks Co., June T., 1901, No. 69, on verdict for plaintiff in case of Berks County v. George K. Linderman. Appeal from report of county auditors. Feigned issue to determine liability of defendant to the county for certain moneys claimed by the county. Before Ermentrout, P. J. The court gave binding instructions for plaintiff. Yerdict and judgment for plaintiff. Defendant appealed. Errors assigned among others were in refusing motion to strike off surcharges in report, and in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Morrison, J.,

This appeal by the defendant, and the appeal of Charles E. Stangier from the same court to No. 207, October Term, 1905, involve precisely the same questions and, while this opinion will be filed in No. 206, what is said in it is intended to apply to both cases.

The defendants were elected commissioners of the county of Berks on November 3, 1896, for the term of three years and they were inducted into office on the first Monday of January, 1897, and continued in office until the first Monday in January, 1900.

The appellants claimed compensation under the provisions *122of the…

2Cases cited9 opinions

  1. Brown v. CommonwealthSupreme Court of Pennsylvania · 1829
  2. Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
  3. Godshalk v. Northampton CountySupreme Court of Pennsylvania · 1872
  4. Westmoreland County v. FisherSupreme Court of Pennsylvania · 1896
  5. Commonwealth ex rel. Cambria County v. LloydSupreme Court of Pennsylvania · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Lytle v. RupertSuperior Court of Pennsylvania · 1910

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