Clark v. Cook

Supreme Court of Pennsylvania January 7, 1901

Clark v. Cook, 197 Pa. 643 (Pa. 1901)

47 A. 851; 1901 Pa. LEXIS 699

Brown, Fell, McCollum, Mestrezat, Mitchell, Potter

Opinion of the Court

Opinion by

Mr. Justice Fell,

The jury found (1) that the defendants had agreed with the plaintiff to pay the wages of special deputies which he furnished at their request to preserve the. peace and protect their property ; (2) that the contract entered into by the parties was performed by the sheriff and his deputies in good faith, and that the defendants received the services contracted for. These findings were conclusive of the issues raised. Whether the plaintiff as sheriff of the county fully performed official duties not connected with the service of his special deputies was a question which under the pleadings and evidence did not enter into the case.

The judgment is affirmed.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Sheriff—Special deputies—Gontraet to reimburse sheriff for expenses of special deputies—Strikes. In an action by the sheriff to recover for the expenses of special deputies furnished for the protection of defendants’ coal mines against the violence of striking miners, a judgment and verdict for plaintiff will be sustained where the jury have found upon sufficient evidence that the defendants had agreed with the plaintiff to pay the wages of special deputies which he furnished at their request to preserve the peace and protect their property, and that the contract entered into by the parties was performed by the sheriff and his deputies, and that the defendants received the services contracted for.