County of Allegheny v. Grier

Citations

• 179 Pa. 639
• 36 A. 353
• 1897 Pa. LEXIS 704

Syllabus

<p>Public officers — Compensation of controller of Allegheny county — Acts of May 7, 1864 and March 31, 1876. '</p> <p>The Act of May 7, 1864, P. L. 879, fixing the salary of the controller of Allegheny county at $3,000, is not repealed by the Act of March 31, 1876, P. L. 13.</p> <p>Public officers — Controller—Refunding excess over salary.</p> <p>A county may compel a county controller to refund a sum which he has received in excess of his legal salary.</p> <p>The maxim volenti non fit injuria has no application to the illegal payment of public funds to a public officer, and this is especially the case where it is the peculiar function of such officer to guard the public treasury.</p> <p>Controller — Right of county to recover excess over fees — Act of May 1,1861.</p> <p>The filing and advertisement of the report of the controller of Allegheny county, as provided by the Act of May 1, 1861. P. L. 450, will not prevent the county from subsequently recovering from the controller an amount which ho has received in excess of his legal salary.</p>