Commonwealth v. Sweigart
Superior Court of Pennsylvania
Appeal, No. 48, Oct. T., 1898, by John F. Smith and W. D. Fink, from judgment of C. P. Lancaster Co., Nov. T., 1897, No. 33, on verdict for plaintiff. Assumpsit. Before Livingston, P. J. It appears from the record and evidence that the defendant, Sweigart, was, for many years, the supervisor of East Cocalico township, Lancaster county.
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Appeal, No. 48, Oct. T., 1898, by John F. Smith and W. D. Fink, from judgment of C. P. Lancaster Co., Nov. T., 1897, No. 33, on verdict for plaintiff. Assumpsit. Before Livingston, P. J. It appears from the record and evidence that the defendant, Sweigart, was, for many years, the supervisor of East Cocalico township, Lancaster county. John F. Smith and W. D. Fink were the sureties on his bond for one year, 1896 to 1897. On April 8, 1897, the township auditors filed their report in the office of the clerk of the court of quarter sessions at Lancaster, in which they found a balance in favor of…
1Opinion of the Court
Opinion by
Bice, P. J.,
In the audit of his accounts for the year ending March 9, 1897, S. L. Sweigart, one of the township supervisors, was charged with the sum of $2,698.51 and credited with the sum of $2,217.64, leaving a balance of $480.87. The report was duly advertised and filed, and no appeal was taken. Sweigart having refused to pay to his successor this balance, suit was brought against him and his sureties on his official bond. The condition of the bond was, that he “ shall faithfully apply, according to law, all moneys that come into his hands as an officer.” Among the charges…
2Cases cited14 opinions
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- County of Schuylkill v. BoyerSupreme Court of Pennsylvania · 1889
- Dyer v. Covington TownshipSupreme Court of Pennsylvania · 1857
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