Legal Opinion

Lehigh Crane Iron Co. v. Commonwealth

Supreme Court of Pennsylvania

Decided May 27, 1867PublishedCited by 2 opinions

Error to the Court of Common Pleas of Dauphin county. This was an action of debt to April Term 1866, by the Commonwealth, of Pennsylvania against the Lehigh Crane Iron Company.

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Error to the Court of Common Pleas of Dauphin county. This was an action of debt to April Term 1866, by the Commonwealth, of Pennsylvania against the Lehigh Crane Iron Company. The declaration was that the defendant was indebted to the Commonwealth in the sum of $45,000, “ on an account examined, adjusted, settled and signed by the auditor-general of this Commonwealth, and duly entered in the books of his office, as authorized and required by law, on the 20th day of July 1865, in which the said sum of forty-five thousand dollars is due and owing the said plaintiff from the said defendants,…

1Opinion of the Court

The opinion of the court was delivered, May 27th 1867, by

Agnew, J.

— Notwithstanding some technical objections which can be set up, it cannot be denied that the bringing of a suit ought to impel a party upon whom the writ has been served to ascertain, if not already informed, what has been settled against him by the auditor-general and state treasurer, and to appeal if he thinks himself injured. It is sufficient to say, however, we look upon this point as settled by authority: Hays v. Commonwealth, 3 Casey 272 ; Hultz v. Commonwealth, 3 Grant 61; City of Philadelphia v. Commonwealth, 2 P. F.…

2Cases cited1 opinion

  1. Hultz v. CommonwealthSupreme Court of Pennsylvania · 1857

3Cited by2 opinions

  1. Commonwealth v. Brush Elec. Light Co., Pennsylvania Court of Common Pleas, Dauphin County1891
  2. District of Columbia v. Georgetown Gaslight Co.Court of Appeals for the D.C. Circuit · 1916

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