Legal Opinion

Schuylkill County v. Wiest

Supreme Court of Pennsylvania

Decided April 16, 1917No. Appeal, No. 228PublishedCited by 11 opinions

Appeal, No. 228, Jan. T., 1916, by defendant, from judgment of C. P. Schuylkill Co., March T., 1916, No. 318, for plaintiff on case stated, in case of County of Schuylkill v. Fred J. Wiest, County Treasurer. Assumpsit for money had and received to plaintiff’s use. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff on the case stated. Defendant appealed.

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Appeal, No. 228, Jan. T., 1916, by defendant, from judgment of C. P. Schuylkill Co., March T., 1916, No. 318, for plaintiff on case stated, in case of County of Schuylkill v. Fred J. Wiest, County Treasurer. Assumpsit for money had and received to plaintiff’s use. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff on the case stated. Defendant appealed. Error assigned was the judgment of the court. — The services performed by defendant under the Act of April 17, 1913, P. L. 85, providing for the better protection of wild birds and…

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

This is an action of assumpsit brought by the County of Schuylkill to recover fees collected by the defendant, as county treasurer, for hunters’ licenses issued by him under the provisions of the Act of April 17, 1913, P. L. 85. The treasurer claims that the fees belong to him personally, and that he is entitled to retain them for his own use, while the county contends that they belong to it and must be accounted for by the treasurer. The facts were agreed upon by the parties and submitted to the court in a case stated. The court was of opinion that the license…

2Cases cited4 opinions

  1. Mulcrevy, & Fidelity & Deposit Co. v. City & County of San FranciscoSupreme Court of the United States · 1914
  2. Commonwealth v. MannSupreme Court of Pennsylvania · 1895
  3. Pierie v. PhiladelphiaSupreme Court of Pennsylvania · 1891
  4. Schuylkill County v. ReeseSupreme Court of Pennsylvania · 1915

3Cited by11 opinions

  1. Bachman's AppealSupreme Court of Pennsylvania · 1922
  2. People ex rel. City of Chicago v. SchreiberAppellate Court of Illinois · 1944
  3. Lindenmuth v. CommonwealthSupreme Court of Pennsylvania · 1933
  4. York County v. FrySupreme Court of Pennsylvania · 1927
  5. Benson, Sheriff v. Bradford Co.Superior Court of Pennsylvania · 1936

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