Graham v. Schuylkill County

Citations

• 16 Pa. Super. 180
• 1901 Pa. Super. LEXIS 39

Syllabus

<p>Election laws — Advertisements of elections — Authority of sheriff to bind county.</p> <p>The Act of June 26, 1896, P. L. 392, makes it the duty of the sheriff to give notice of general elections by advertisements in at least three newspapers, if there be so many published in the county. Subject to the limitations expressed in the act the discretionary power to select the newspapers is vested exclusively in him. In contracting for the publication of the election proclamation, he acts as the agent of the public, and the county is directly liable to the publishers for the advertising expenses thus incurred.</p> <p>If the sheriff exceeds his authority, the county is not liable, but the limits of his authority, so far as the selection of the newspapers is concerned, are prescribed by the statute, and cannot be narrowed or enlarged by any action of the county commissioners.</p> <p>Election advertisements — Sheriff—County commissioners — Expense of publication.</p> <p>As the sheriff has authority to publish the election proclamation in newspapers of his selection without consultation with the county commissioners, it necessarily follows that he has authority to subject the county to liability for the reasonable expenses of the publication without their consent. The publisher may recover from the county without showing that a price has been fixed or agreed upon by the county commissioners.</p> <p>Not decided whether or not the county could defend upon the ground that the price agreed upon by the sheriff when the printing was ordered was exorbitant or unreasonable.</p> <p>Practice, C. P. — Case stated — Appeals—Reservation of right to appeal.</p> <p>An appeal can only be taken from a judgment on a case stated where the parties reserve a right to appeal.</p>