York County v. Thompson

Supreme Court of Pennsylvania June 22, 1905

York County v. Thompson, 212 Pa. 561 (Pa. 1905)

61 A. 1024

Brown, Elkin, Fell, Mitchell, Pee, Potter

Opinion of the Court

Pee Curiam,

The law governing this case was settled when the case was here before, Zeigler’s Petition, 207 Pa. 131, and in accordance with that decision the court below had evidence on which to open the judgment.

*562That the county was defrauded is not denied, and how far the appellant was party to the fraud or responsible for the loss is, under the evidence, clearly a question for a jury.

Judgment affirmed.

Reference

Cited By: 24 cases
Status: Published
Syllabus: Judgment—Opening judgment—Report of county auditors—Appeal nunc pro tunc—Public officers. A judgment against a county treasurer entered on a report of county auditors, although unappealed from within the statutory period will be opened, and the county allowed an appeal nunc pro tunc, where depositions, in support of a petition to open, show that the county was defrauded. In. such a case it is for a jury to determine how far the treasurer is a party to the fraud, or responsible for the loss.