City of Pittsburgh v. Ihrig
Supreme Court of Pennsylvania
Appeal, No. 174, Oct. T., 1916, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1913, No. 2473, on verdict for defendants in case of City of Pittsburgh v. Henry Ihrig, Police Magistrate, and National Surety Company, Surety. Scire facias sur settlement of account of Henry Ihrig, police magistrate, by E. S. Morrow, city controller. Before Swearingen, J. The opinion of the Supreme Court states the case.
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Appeal, No. 174, Oct. T., 1916, by plaintiff, from judgment of O. P. Allegheny Co., Oct. T., 1913, No. 2473, on verdict for defendants in case of City of Pittsburgh v. Henry Ihrig, Police Magistrate, and National Surety Company, Surety. Scire facias sur settlement of account of Henry Ihrig, police magistrate, by E. S. Morrow, city controller. Before Swearingen, J. The opinion of the Supreme Court states the case. The court below charged the jury in part as follows: “You will bear in mind that fraud is never presumed. The burden rests upon him who alleges fraud was committed, and that burden…
1Opinion of the Court
Opinion by
Mk. Justice Walling,
On April 4, 1909, the defendant, Henry Ihrig, was duly appointed police magistrate of the City of Pittsburgh, and the National Surety Company, his codefendant, became surety on his bond as such magistrate. He was removed from said office July 5, 1912. During the official term he received a large number of fines, on account of which he turned over sums of money from time to time to the city treasurer. As magistrate he kept dockets wherein should have been entered in each case the name of the offender, the nature of the charge and the amount of fine imposed and…
2Cases cited2 opinions
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- Sulkin v. GilbertSupreme Court of Pennsylvania · 1907
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- Delahanty v. First Pennsylvania Bank, N.A.Supreme Court of Pennsylvania · 1984
- Oko v. KrzyzanowskiSuperior Court of Pennsylvania · 1942
- Borough of Susquehanna Depot v. Lannon, Pennsylvania Court of Common Pleas, Susquehanna County1935
- Delahanty v. First Pennsylvania Bank, N.A.Supreme Court of Pennsylvania · 1984
- Hartford Accident & Indemnity Co. v. Ominsky, Pennsylvania Court of Common Pleas, Philadelphia County1958
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