Safe Deposit Bank v. County of Schuylkill

Citations

• 190 Pa. 188
• 42 A. 539
• 1899 Pa. LEXIS 1004

Syllabus

<p>Practice — Common pleas — Party bound by theory on which he tries his case.</p> <p>When a ease has been tried, submitted and decided upon a certain theory, is is too late, on a motion for a new trial, to advance another which might have been, but was not, put forward at the trial.</p> <p>Publie officers — County commissioners — County treasurer — Loan to county.</p> <p>Where the county commissioners send their clerk with a county note to a bank for a loan, and the bank pays the proceeds of the note to the clerk, the payment will be presumed to have been made to the county, although the county treasurer never received the money nor gave a receipt therefor.</p> <p>Public officers — County indebtedness — Presumption—Act of April 20,1874.</p> <p>There is no presumption that officers of a county, acting under oath of office, have not, in increasing the; county’s indebtedness, made the statement required by Act of April 20. 1874, P. L. 65, sec. 2.</p> <p>Counties — Loans—Payment—Receipt—Act of March 81, 1860.</p> <p>Under the Act of March 31, 1860, P. L. 481, it is only the person who, or whose agent, has made a payment directly into the county treasury that is required to obtain a receipt under pain of having the payment go for nothing.</p>