Legal Opinion

County of Luzerne v. Whitaker

Supreme Court of Pennsylvania

Decided October 2, 1882PublishedCited by 2 opinions

Error to the Court of Common Pleas of Luzerne county: Of January Term 1882, No. 23. Feigned issue, wherein Aaron Whitaker, late sheriff of Luzerne county, was plaintiff, and the county of Luzerne defendant. 1 The facts were as follows ¡ — -Aaron Whitaker was elected sheriff of Luzerne county in October 1871, for the term of three years.

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Error to the Court of Common Pleas of Luzerne county: Of January Term 1882, No. 23. Feigned issue, wherein Aaron Whitaker, late sheriff of Luzerne county, was plaintiff, and the county of Luzerne defendant. 1 The facts were as follows ¡ — -Aaron Whitaker was elected sheriff of Luzerne county in October 1871, for the term of three years. In May 1877, two years after the expiration of his term of office, the court appointed three persons to act as auditors of the accounts of the public officers of said county (known as 'the “ Seven Years Audit Board”) in pursuance of the act of July 16th 1842…

1Opinion of the CourtJustice Srerrett

The auditors, from whose report the defendant appealed, constituted a special tribunal invested with full power and authority “ to re-audit, settle and thoroughly investigate ” his accounts, as late sheriff of the county. Their jurisdiction was necessarily exclusive, and their decision final and conclusive, except in so far as provision has been made for re-committing their report, or renewing the same on appeal. The first section of the Act of July 16th 1842 (P. L. 391), under which they were appointed, declares “ that the Court of Common Pleas in the county of Luzerne shall, on the…

2Cited by2 opinions

  1. Horning's CaseSuperior Court of Pennsylvania · 1904
  2. Jefferson County v. Hunter, Pennsylvania Court of Common Pleas, Jefferson County1930

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