Commonwealth v. Sweigart

Citations

• 9 Pa. Super. 455
• 1899 Pa. Super. LEXIS 55

Syllabus

<p>Public officers — Supervisor's liability — Auditor’s report.</p> <p>There being circumstances under which supervisors might be chargeable, as officers, with money coming from a given source, the auditor’s report unappealed from is a conclusive adjudication by a tribunal of competent and exclusive jurisdiction that the facts existed which made them legally chargeable.</p> <p>In the case at bar the question arose as to the liability of supervisors for funds paid them under the act of 1891, in the absence of a township treasurer, for liquor licenses, and which were applicable to repair of roads.</p> <p>Principal and surely — Balance remaining in supervisor's hands — Surety's liability.</p> <p>The obligation of a bond given by sureties for supervisors is for money7 that comes into the hands of the officers during the term for which the bond was given. If the auditor’s report shows that during the year certain moneys came into the hands of the supervisor, as an officer, and that he made certain disbursements, it is not competent for the surety, defendant in a suit upon the bond, to show that the supervisor did not receive the money, or that he made other disbursements for which he was not given credit.</p> <p>When a supervisor is reappointed he becomes his own successor, and his sureties are liable for the balance remaining unexpended in his hands in addition to the correct receipts of the term.</p>