Lancaster County v. Hershey
Supreme Court of Pennsylvania
Appeal, No. 153, Jan. T., 1902, by defendants, from order of C. P. Lancaster County, Feb. T., 1900, No. 85, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lancaster County v. Emanuel H. Hershey, C. H. Hershey, Amos Hershey, Jacob L. Brubaker and Joel S. Eaby. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 153, Jan. T., 1902, by defendants, from order of C. P. Lancaster County, Feb. T., 1900, No. 85, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lancaster County v. Emanuel H. Hershey, C. H. Hershey, Amos Hershey, Jacob L. Brubaker and Joel S. Eaby. Rule for judgment for want of a sufficient affidavit of defense. Landis, J., filed an opinion which was in part as follows: Emanuel H. Hershey, having been elected treasurer of Lancaster county, before entering upon the duties of his office, gave two bonds, one to the county of Lancaster, in…
1DissentMestbezat, J.
I would reverse the judgment entered in the court below for two reasons: 1. The sureties on an official bond, given by a county treasurer to the county, are not liable thereon for his failure to account for moneys collected by him for the state and payable to the state treasurer. 2. If there is a liability on the bond, no action will lie against the treasurer or his surety until the auditors of the county have setted the accounts of the treasurer and ascertained the amount due from him to the county. If, however, neither of these positions be tenable, the judgment should be reduced by at…
2Cases cited14 opinions
- Blackmore v. County of AlleghenySupreme Court of Pennsylvania · 1866
- County of Northampton v. HermanSupreme Court of Pennsylvania · 1888
- Godshalk v. Northampton CountySupreme Court of Pennsylvania · 1872
- Westmoreland County v. FisherSupreme Court of Pennsylvania · 1896
- Commonwealth v. Philadelphia CountySupreme Court of Pennsylvania · 1893
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