Craig v. Lininger

Citations

• 61 Pa. Super. 339
• 1915 Pa. Super. LEXIS 329

Syllabus

<p>Public officers — County commissioners — Surcharge•—Mistake as to payment of district attorney’s salary — Subrogation.</p> <p>Where county commissioners pay to the district attorney an amount in excess of what he was legally entitled to receive as salary under the Act of April 17, 1905, P. L. 170, and the county subsequently recovers a judgment against the commissioners for such excess payment, and the amount of the judgment is paid by the three commissioners to the county treasurer who gives them a joint receipt for the same, and these proceedings are known to the district attorney, the three commissioners may maintain a joint action against the district attorney to recover the amount which they were compelled to pay the county.</p>