Legal Opinion

County of Cumberland v. Boyd

Supreme Court of Pennsylvania

Decided May 24, 1886PublishedCited by 15 opinions

Error to the Court of Cpmmon Pleas, of Cumberland county: Of July Term, 1885, No. 47. This was a feigned issue in the form of debt wherein the County of Cumberland was plaintiff and Hugh Boyd, Samuel Epplejq and A. B. Stroek were defendants. Plea nil debet. The following are the facts as they appeared on the trial of the issue: The defendants were during the year 1884 commissioners of Cumberland county.

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Error to the Court of Cpmmon Pleas, of Cumberland county: Of July Term, 1885, No. 47. This was a feigned issue in the form of debt wherein the County of Cumberland was plaintiff and Hugh Boyd, Samuel Epplejq and A. B. Stroek were defendants. Plea nil debet. The following are the facts as they appeared on the trial of the issue: The defendants were during the year 1884 commissioners of Cumberland county. The county auditors in auditing the commissioners’ account for that year charged them with the sum of $229, being the amount paid on their orders, out of the county treasury, to three justices…

1Opinion of the Court

The opinion of the Court was filed

2Per curiam

There is no error in this record to the plaintiff just cause of complaint. In giving construction to a statute we cannot be controlled by the views expressed by a few members of the Legislature who expressed verbal opinions on its passage. Those opinions may or may not have been entertained by the more than a hundred members who gave no such expression. The declarations of some and the assumed acquiescence of others therein, cannot be adopted as a true interpretation of the statute. Keeping in mind the previous law, the supposed evil and the remedy desired,…

3Cited by15 opinions

  1. Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
  2. Tarlo's EstateSupreme Court of Pennsylvania · 1933
  3. Com. v. West Philadelphia Fidelio MannerchorSuperior Court of Pennsylvania · 1934
  4. Auer v. MauserSuperior Court of Pennsylvania · 1898
  5. Hays v. Cumberland CountySuperior Court of Pennsylvania · 1897

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