Legal Opinion

St. Clair v. Rempublicam

Supreme Court of Pennsylvania

Decided March 15, 1805PublishedCited by 3 opinions

Appeal from the settlement of St. Clair’s accounts, as an auctioneer of the city, on the 9th April 1804. that while he was in *office, the payments ought to have been made to the state treasurer ; but that the sum in question was paid on the L 209 26th February 1789, when his office ceased. In a republican government there ought to be no distinction of persons. If a payment by Milne was justifiable and valid, so also should it be of Ash and the appellant.

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Appeal from the settlement of St. Clair’s accounts, as an auctioneer of the city, on the 9th April 1804. that while he was in *office, the payments ought to have been made to the state treasurer ; but that the sum in question was paid on the L 209 26th February 1789, when his office ceased. In a republican government there ought to be no distinction of persons. If a payment by Milne was justifiable and valid, so also should it be of Ash and the appellant. The latter was called on as a defaulter under the act of 13th April 1782, § 5. 2 St. Laws, 46. The writ directed him to appear in the…

1Opinion of the Court

The following case was stated for the court’s opinion.

On the 14th May 1792, the appellant having been summoned by John Nicholson, then Comptroller General, appeared at his office, when an account was made out against him, on which the balance of 1163I. 12s. 5d. appeared due from him to the commonwealth; and payment thereof was demanded. The said St. Clair then paid to the Comptroller General 187I. ios., and the said Comptroller General gave him a receipt for the same, and also entered a credit on the account for the sum of 280I. 16s. paid before that time (prout account and receipt, and also…

2Cited by3 opinions

  1. Doane's Administrators v. PenhallowSupreme Court of the United States · 1787
  2. Breckon v. Ottawa Circuit JudgeMichigan Supreme Court · 1896
  3. Robinett v. Pollard, Pennsylvania Court of Common Pleas, Philadelphia County1837

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