Legal Opinion

County of Chester v. Barber

Supreme Court of Pennsylvania

Decided March 22, 1881No. 39PublishedCited by 13 opinions

Error to the Court of Common Pleas of Delaware county: Of January Term 1881, No. 39. This was an action of debt on a sealed instrument, brought by William E. Barber, Joseph Hemphill and James W. M. Newlin against the county of Chester, to recover a contingent fee of fifty per cent, on the sum of $21,398.34, being a rebate secured to Chester county from the state of Pennsylvania for taxes illegally charged to the county by the state revenue board, and - paid into the state…

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Error to the Court of Common Pleas of Delaware county: Of January Term 1881, No. 39. This was an action of debt on a sealed instrument, brought by William E. Barber, Joseph Hemphill and James W. M. Newlin against the county of Chester, to recover a contingent fee of fifty per cent, on the sum of $21,398.34, being a rebate secured to Chester county from the state of Pennsylvania for taxes illegally charged to the county by the state revenue board, and - paid into the state treasury. Suit was originally brought in Chester county, and a change of venue to Delaware county was awarded on motion of…

1Opinion of the CourtJustice Paxson

This was an action of debt brought in the court below against the county of Chester by three members of the bar, two of whom reside in said county and the other in the city of Philadelphia. The action was founded upon an agreement under seal, properly executed by the three plaintiffs and the three gentlemen who were at the time the commissioners of said county. The seal of the county is affixed and attested by the clerk of said commissioners. The agreement provides that the commissioners have retained the plaintiffs to represent Chester county in proceedings to secure a rebate to the county…

2Cases cited4 opinions

  1. Trist v. ChildSupreme Court of the United States · 1875
  2. Wylie v. CoxeSupreme Court of the United States · 1854
  3. Cooper & Grove v. Lampeter TownshipSupreme Court of Pennsylvania · 1839
  4. Hunter v. AlbrightSupreme Court of Pennsylvania · 1843

3Cited by13 opinions

  1. McCormick v. Hanover TownshipSupreme Court of Pennsylvania · 1914
  2. Kerrigan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
  3. Rhinehart v. Victor Talking Mach. Co.District Court, D. New Jersey · 1917
  4. Murphy v. SwansonNorth Dakota Supreme Court · 1924
  5. Miernicki v. SeltzerSuperior Court of Pennsylvania · 1983

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