LeMoyne v. Washington County

Citations

• 213 Pa. 123
• 62 A. 516
• 1905 Pa. LEXIS 389

Syllabus

<p>Hoad law — County roads — Act of June 26, 1895, P. L. 336 — Collateral attack on order of court — County commissioners — Equity.</p> <p>An order of the court of quarter sessions approving the construction of a county road under the Act of June 26, 1895, P. L. 336, based on the finding of the grand jury, cannot be attacked collaterally on a bill in equity to restrain payments to contractors for the construction of the road, on the ground that the estimate of the cost and expenses of the proposed improvement was grossly inaccurate, or that some witness examined before the grand jury was mistaken in what he said, or submitted to them as the probable cost of the improvement. The ox-der can only be attacked on the ground that intentional fraud was practiced on the grand jury and the court by the county commissioners, or some one in their behalf.</p> <p>In such a case it is the duty of the county commissioners to make the improvement as indicated on the survey and plans filed in court and submitted to the grand jury, and it is not legally necessary that the plans give the details of the pi'oposed improvement; and it is a matter within the discretion of the county commissionex-s whether bids be taken for a fixed sum to complete the improvement, or for a schedule of prices for the work to be done by the piece.</p> <p>The Act of June 26, 1895, P. L. 336, puts a limit on the levy that can be made in any one year and on the amount of bonds that may be issued, but it does not indicate the character of road that shall be built or limit the cost per mile for building it; that is left largely to the disci’etion of the county commissioners, subject of course to the limitation that is upon all public officers who are quasi trustees, that they act in good faith and do not pay excessive and unreasonable prices for the kind of work they have done.</p> <p>County commissioners — Meetings—Awarding contracts.</p> <p>County commissioners ought to keep written minutes of their meetings at