Brink v. Marsh
Superior Court of Pennsylvania
Appeal, No. 141, Oct. T., 1912, by plaintiff, from judgment of C. P. Bradford Co., May Term, 1911, No. 316, for defendant on case stated in suit of R. J. Brink v. L. H. Marsh, George N. Bird and Job Griffin, Commissioners of Bradford County. Case stated to determine liability of county to pay scalp certificates.
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Appeal, No. 141, Oct. T., 1912, by plaintiff, from judgment of C. P. Bradford Co., May Term, 1911, No. 316, for defendant on case stated in suit of R. J. Brink v. L. H. Marsh, George N. Bird and Job Griffin, Commissioners of Bradford County. Case stated to determine liability of county to pay scalp certificates. The court below found the facts to be as follows: This is an amicable action to determine the right of the plaintiff to a writ of peremptory mandamus against the defendants, directing them to issue two orders of $2.00 each, on the treasurer of said county, for the killing of two wood…
1Opinion of the Court
Opinion by
Rice, P. J.,
The facts agreed upon in this case, and the provisions of the Act of April 10, 1907, P. L. 60, under which it arose, are concisely and accurately summarized in the opinion filed by the learned judge of the common pleas; therefore, no comprehensive preliminary restatement of them need be made by us. Two views as to the proper construction of the act are presented. One is that the primary obligation to pay the bounties is laid on the commonwealth, that the county commissioners and the county treasurer of the several counties are made the mere disbursing agents of the…
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