County of Lancaster v. Fulton

Citations

• 128 Pa. 48
• 18 A. 384
• 1889 Pa. LEXIS 769

Syllabus

<p>1. The prosecution before the proper officers of the commonwealth, of a claim by a county to an allowance for over-payments of taxes into the state treasury, is within the sphere of a county solicitor’s duties, as defined by a statute providing that he shall be the legal adviser of the county commissioners and shall represent them in all proceedings in law or equity, wherein the county is a party or has any interest.</p> <p>2. A contract, made by the commissioners of a county, to give to the county solicitor, whose salary is fixed by law, an additional compensation for services to be rendered by him, lying within the sphere of his official duties as prescribed by a statute, is ultra vires. Being, in its effect, evasive and subversive of law and contrary to public policy, it is void irrespective of intent, and is therefore incapable of ratification after the expiration of the solicitor’s term.</p> <p>8. In an action to recover for services under such a contract, the contract itself being declared on and the evidence showing that the services of the plaintiff wei'e all rendered under it, no recovery can be had, notwithstanding that these services were not completed during the plaintiff’s official term, and were principally rendered after its expiration, with the knowledge and assent of the county commissioners.</p>