County of Schuylkill v. Boyer

Citations

• 125 Pa. 226
• 17 A. 339
• 1889 Pa. LEXIS 709

Syllabus

<p>1. Sections 44-58, act of April 15,1834, P. L. 545, defining the powers and duties of county auditors, create a special tribunal for the settlement of the accounts of the oificers named therein, and provide an adequate remedy for the collection of the indebtedness by or to the officer when so ascertained.</p> <p>2. Whether the accounts of an officer were presented before and examined and passed upon by the county auditors or not, the statute providing an adequate remedy, its directions must be strictly pursued and a common law action by an officer against the county is precluded.</p> <p>3. Where a sheriff’s accounts for services rendered during his term were settled with the commissioners under the fee-bill of June 12,1878, P. L. 187, afterwards determined to be unconstitutional, he is not entitled subsequently to maintain a common law action for the difference, under the more favorable fee-bill of April 2, 1868, P. L. 3.</p>