29 Pa. 38 | Pa. | 1857
The opinion of the court was delivered by
It is said that the statute of limitations will not apply to a claim against a county for costs incurred in a criminal proceeding, because there is neither an express nor an implied promise upon the part of the county to pay the costs; but that the liability is created solely by the positive requisition of the statute. If the premises were sound, it would be difficult to deny the conclusion claimed by the plaintiff below. But is it true that an action of assumpsit will not lie against a county in a case like the present ? The proceedings were in the name of the Commonwealth, and although she could not be sued for costs, yet, upon
Judgment of the Common Pleas reversed, and judgment is now rendered by this court in favour of the plaintiff for $12.61, with interest from the 29th of October, 1855, and costs.