Heller v. Bercaw

Citations

• 62 Pa. Super. 385
• 1916 Pa. Super. LEXIS 431

Syllabus

<p>Appeals — Quashing appeals — Suit against county — Intervention by county controller — Mandamus.</p> <p>Where a public contractor sues a county and the county controller appears at the trial, interposes a technical objection, hut disavows imputation of fraud and offers no evidence, and the plaintiff recovers a verdict upon which judgment is entered, and thereafter files a suggestion in the case for a peremptory mandamus on the controller, who petitions to intervene as county controller and taxpayer, a single appeal from the order refusing intervention and from the order awarding mandamus, is improper, and will be,» quashed.</p> <p>In such a case even if the appeal should he heard on the merits, the appellate court would affirm the orders made, inasmuch as the controller had an opportunity at the trial to contest the defendant’s claim, and he could not be heard afterwards to attack the judgment which had not been appealed from by the county commissioners.</p>