Rowand v. County of Allegheny
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term, 1885, No. 139. This was an action of assumpsit by the County of Allegheny, against A. H. Rowand, Clerk of the Court of Quarter Sessions of the Peace, for money belonging to the County which had been lawfully collected by that officer, but had not been paid over. The defendant pleaded non-assumpsit.
Read the full summary
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term, 1885, No. 139. This was an action of assumpsit by the County of Allegheny, against A. H. Rowand, Clerk of the Court of Quarter Sessions of the Peace, for money belonging to the County which had been lawfully collected by that officer, but had not been paid over. The defendant pleaded non-assumpsit. There had not been any settlement or audit of the officer’s accounts by the Controller of the County. . May 22d, 1885, verdict for plaintiff in the sum of twenty-: éight thousand five hundred and…
1Opinion of the CourtJustice Trunkey
That the Court of Common Pleas had jurisdiction of this cause is clearly shown in the opinion on the motion in arrest of judgment, and little can be added to what has been so well said by the President Judge.
Section 48 of the Act of 1834, P. L., 545, requires the County Auditors to settle and adjust the accounts of the Commissioners, Treasurer, Sheriff, and Coroner of the County, and to make report thereof to the Court of Common Pleas, showing the balance due from or to such Commissioners, Treasurer, Sheriff or Coroner. Section 55 provides that the report shall *314be filed among the records of…