Armstrong County v. McKee

Citations

• 172 Pa. 64
• 33 A. 192
• 1895 Pa. LEXIS 730

Syllabus

<p>County auditors — Filing report — Appeals—Computation of time.</p> <p>County auditors who do not file their report with the prothonotary may be compelled to do so by writ of mandamus, but until the report is filed by them it remains in their own hand, and under their own control, and no other person who may obtain possession of it has any right to represent them, or to act for them in regard to it.</p> <p>Where county auditors deposit their report with the prothonotary and cause it to be marked “filed ” with the date inclosed thereon, they have done their duty. If the prothonotary retain the report three months, and an attorney at law then obtains possession of it from the prothonotary, and presents it in open court and obtains an ex parte order directing it to be filed, the time within which an appeal may be taken from the report is to be computed from the date when the report was filed by the auditors with the prothonotary, and not from the date of the ex parte order of court.</p>