Township of Hazle v. Markle

Citations

• 175 Pa. 405
• 34 A. 734
• 1896 Pa. LEXIS 1263

Syllabus

<p>Public officers — Supervisors—Bond—Principal and surety — Affidavit of defense.</p> <p>In an action of assumpsit upon the bond of a public officer an affidavit of defense must be filed.</p> <p>In an action by a township upon the bond of a supervisor the plaintiff’s statement averred that the amount claimed in the suit had been found due by the supervisor to the township on an appeal from the report of the township auditors, and that the said sum had not been paid. The surety on the bond filed an affidavit of defense in which he averred that no condition of the bond had been broken; that none of the funds of the township had come into the hands of the supervisor, except such as had been paid for services; that all the moneys of the township were derived from taxes which were collected by the tax collector and paid over to the township treasurer, and that none was paid to the supervisor by the collector; that all other goods and chattels of the township had been duly accounted for by the supervisor; that the surety had been no party to the appeal proceedings ; that no part of the balance found against the supervisor resulted from any breach of the bond; that a part of the money settled against the supervisor consisted of moneys paid to him for services, and compensation for the services of his teams and his minor children; that the remaining portion of the amount due appeared to be based upon a finding that certain contracts were improvident, but that no fraud was averred in any part of said finding. Held, that the affidavit was sufficient to prevent judgment.</p>