Bechtel v. Fry

Citations

• 217 Pa. 591
• 66 A. 992
• 1907 Pa. LEXIS 765

Syllabus

<p>Counties — Contracts—Employment of special counsel — County solicitor —Act of May 22, 1895, P. L. 101 — Criminal prosecution.</p> <p>It is indispensable in order to render a county liable for the services of additional or special counsel in matters committed by the Act of May 22, 1895, P. L. 101, to the charge of the county solicitor, if such services may be engaged at all, that there be an explicit contract entered into by the commissioners with such counsel, engaging his services in' specifically designated matters, that such contract precede the rendition of the services for which compensation is claimed, and that the services have been rendered in pursuance of such contract of employment.</p> <p>County commissioners have no authority whatever to employ counsel in a criminal prosecution, inasmuch as the commonwealth through •the district attorney administers its criminal laws, and conducts all prosecutions under them.</p> <p>Counties — County commissioners — Warrants—Deputy controllers.</p> <p>If a warrant be issued by county commissioners to pay the holder of it moneys which he is not entitled to receive from the county, and which the county commissioners have no authority to pay him, its approval by the county controller does not make it conclusive evidence of the county’s liability. If the county treasurer has knowledge of the illegality of the warrant, either from its face, or from other sources, it is his duty to refuse to pay the warrant when presented.</p>