Fitler v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an appeal by Edwin H. Eitler from the decision of the auditor-general and state treasurer, disallowing a claim against the Commonwealth of $1366, for oil furnished to the superintendent of motive power on the Philadelphia and Columbia Railroad.
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Error to the Common Pleas of Dauphin county. This was an appeal by Edwin H. Eitler from the decision of the auditor-general and state treasurer, disallowing a claim against the Commonwealth of $1366, for oil furnished to the superintendent of motive power on the Philadelphia and Columbia Railroad. The following facts were found by a special verdict: — In November 1848, and February 1849, Edwin H. Eitler furnished to Augustine Holmes, the superintendent, oil for the use of the Commonwealth, to the amount of $1366. On the 10th February 1849, he gave the superintendent a receipt in full; but…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The first question raised upon this record is, whether the Common Pleas of Dauphin county had jurisdiction to entertain the appeal from the auditor-general. It is argued, upon the part of the Commonwealth, that the Act of Assembly of 30th March 1811 gives an appeal from the settlement and adjustment of the auditor-general, only in cases of “ accounts” between the Commonwealth and others, and that Fitler had no account, properly speaking,.with the Commonwealth, and that the rejection of his claim was not a settlement from which an appeal…
2Cited by13 opinions
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- Marler v. StateLouisiana Court of Appeal · 1955
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