Lancaster County v. Lancaster City

Citations

• 160 Pa. 411
• 28 A. 854
• 1894 Pa. LEXIS 822

Syllabus

<p>Statutes — Construction—Substitution of words — Act of April 13, 1854— Opening of streets in city of Lancaster — Remedy—Mandamus.</p> <p>The word “ county,” which is the one hundred and eighteenth word in § 3 of the act of April 13, 1854, P. L. 352, is a clerical mistake for the word “ city,” apparent on the face of the act.</p> <p>The remedy under the act of April 13, 1854, P. L. 352, by the county, to recover money from the city of Lancaster for opening streets, may be either by assumpsit or bill in equity; but the remedy by mandamus is not appropriate.</p> <p>Statute of limitations — Accounts—Condition precedent — Act of 1854.</p> <p>The act of April 13, 1854, P. L. 352, relating to accounts between the city of Lancaster and the county of Lancaster, contemplates yearly settlements and the striking of a balance once every twelve-month. If the county has not kept the account directed by the act, the court will state an account, and will not allow recovery for any items which had accrued six years prior to the date of the suit.</p> <p>The direction in the act that the county shall keep an account with the city is merely directory, and is not a condition precedent either to the county’s right to sue, or its right to recover.</p>