Commonwealth ex rel. etc. v. Joyce

Citations

• 3 Pa. Super. 609
• 1897 Pa. Super. LEXIS 68

Syllabus

<p>Practice, Q. S. — Auditors' report — School district treasurer — Motion to strike off.</p> <p>The remedy of a school district treasurer for erroneous surehai’ge at an audit of his accounts is by appeal from the audit as provided by law; it is too late to raise the question upon a motion to strike off the report.</p> <p>Township auditors — School district treasurer's account — Gonclusiveness of settlement.</p> <p>Under the special act of February 17,1859, P. L. 51, relating to the settlement of the accounts of the school district treasurer by the township auditors in Schuylkill county, that tribunal is exclusive of all others, and its decision if not appealed from is final and conclusive, and cannot be opened for the correction of errors.</p> <p>The allegation that the treasurer was not notified of the audit will not prevail in support of a motion to strike off the report; it appearing that he had appointed a deputy treasurer who was in custody of the books and who was the acting treasurer and who appeared, with them, before the auditors, before whom also the treasurer himself appeared as a witness.</p> <p>Filing copy of settlement — When adequate under act of 1859.</p> <p>Under the Act of February 17, 1859, P. L. 51, the filing of a copy of the settlement for the inspection of the parties interested, complies as fully with the spirit and purpose of the act as filing the original itself, there being no allegation of mistake or variation in the copy as filed and the original settlement as made.</p> <p>Queried, whether this portion of the act of 1859 is not superseded by the Act of April 21, 1871, P. L. 112.</p>