Gilboy v. Duryea Borough

Citations

• 228 Pa. 252
• 77 A. 461
• 1910 Pa. LEXIS 466

Syllabus

<p>Townships — Indebtedness — Judgment — Collateral attack — Act of March SI, 1864, P■ L-16%.</p> <p>1. Under the Act of March 31, 1864, P. L. 162, entitled, “An Act relating to the collection of district and township debts in the several counties of this commonwealth,” the confirmation by the court of quarter sessions of the report of a commissioner appointed to ascertain and marshal the indebtedness of the township is not a judgment conclusively binding upon the township as to the debts included in the report, and the township may thereafter show that prior to the confirmation of the report certain judgments included therein had been wholly or partially paid.</p> <p>2. The act of 1864 did not create a tribunal to determine the rights of parties under a contract or to ascertain the indebtedness due from* one party to another. It did not confer upon the court of quarter sessions the authority to inquire and determine whether a judgment obtained in a court of common pleas or before a justice of the peace had been paid or satisfied. It did not invest in a commissioner, appointed by the quarter sessions, authority to adjudicate controverted claims between a municipality and its creditors, nor did it make the report of ¡such commissioner, confirmed by the quarter sessions, a judgment having that effect.</p>