Lytle v. Rupert
Lytle v. Rupert
Opinion of the Court
This case came into the court below by appeal of a resident taxpayer from the audit of the accounts of township auditors for the year ending March 6, 1909. Upon application of counsel for both parties, the court framed an issue for the determination of several questions, and amongst them, whether John H. Rupert, tax collector, should be surcharged with the sum of about $160, or any part thereof, and directed the case to be tried without further pleadings. Subsequently, the court referred the case to an auditor "to determine the matters involved and make a report to the court.” This mode of procedure seems to have been acquiesced in without objection by either party, and as its regularity is not now questioned, we need pass no opinion on it. After hearing, the auditor made a report in which he restated the account, found a balance due the township from this appellant of $160.89, and surcharged him with this amount together with $27.54, one-half the costs of the proceeding before the auditor. After hearing, the court overruled the exceptions and confirmed the report, and to that decree the court, at the request of the appellant, granted an exception and sealed a bill. This was the only exception taken or asked for to the action of the court, and under the authority of Dun-more Borough School District v. Wahlers, 28 Pa. Superior Ct. 35; Berks County v. Linderman, 30 Pa. Superior Ct. 119, and Devlin's Case, 39 Pa. Superior Ct. 311, a general exception to the decree of the court is not sufficient to bring up the whole case for review upon the evidence. See also Mifflin Township Poor District v. Schuylkill County Poor District, 37 Pa. Superior Ct. 611. It follows that the fifth and sixth assignments of error need not be considered. We are of opinion also that the exception was not sufficient to bring upon the record, for purposes of review here, the rulings of the auditor rejecting certain offers of evidence alluded to in the other assignments of error. But even if it were, the fourth assignment must be overruled, because it was clearly incompetent and im
The motion of the appellee is allowed, and the appeal is quashed at the costs of the appellant.
Reference
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- Syllabus
- Appeals — Quashing appeal — Auditor’s report — General exceptions— Evidence — Rulings on evidence. 1. Where the court of common pleas overrules exceptions to the report of an auditor appointed to pass upon the accounts of a township auditor, a general exception to such order of the court is not sufficient to bring up the whole case for review upon the evidence; nor is it sufficient to bring upon the record for purposes of review on appeal the rulings of the auditor rejecting offers of evidence. 2. It is incumbent on a party making an offer of evidence to make it sufficiently broad and sufficiently explicit to enable the appellate court in case of its rejection to determine whether the ruling injured him or not.