Lycoming County v. Straub

Citations

• 33 Pa. Super. 441
• 1907 Pa. Super. LEXIS 317

Syllabus

<p>Tax collector — Bond—Surety—Payment—Judgment—Execution.</p> <p>Where a county enters up a judgment against a tax collector and his surety, and issues execution, and the surety pays a balance claimed on the judgment, and the surety is informed when he makes the payment that this was all that the tax collector owed the county, the county cannot thereafter, and after the death of the tax collector, enter a second judgment against the surety, and maintain such judgment, ‘without showing that there had been an error in the original judgment. On the trial of an issue to determine the validity of the second judgment, the county treasurer's declarations made to the surety at the time of the payment of the balance on the original judgment, are admissible as against the county.</p>