109 Pa. 579 | Pa. | 1885
delivered the opinion of the Court,
The contention of the plaintiff in error is, that the claim of the borough of New Columbus, in this ease, was adjudicated in the decree of 12th February, 1883, allowing to the said borough $16.65 as costs and charges, upon the appeal from the order of removal, taken by Huntingdon township. The present demand is $549.67, money paid out by the appellant, towards the relief of Philip Faux and family, the paupers, from the date of the removal, to the determination of the appeal.
The 20th section of the Act of 13th June, 1836, consists of two clauses; the first provides as follows: “For the more effectual preventing of vexatious removals and frivolous appeals, the court of quarter sessions, upon every appeal in a ease of settlement, or upon proof being made before them of notice thereof, as aforesaid (though the appeal be not after-wards prosecuted), shall, at the same session, order to the party in whose behalf such appeal shall be determined, or to whom such notice did appear to have been given, sucli costs and charges as the said court shall consider reasonable and just, to be paid by the overseers or other persons against whom such appeal shall be determined, or by the person that gave such notice.”
If the Act made no further provision on this point, such practical difficulties must in many cases arise, as would defeat its purpose. By the removal, the pauper is transferred from the custody and care of the appellee to that of the appellant, and the expenditures made during the pendency of the proceedings on the appeal cannot, at the hearing, be anticipated; the litigation may be protracted not only in the sessions but by certiorari to this court; tbe expenditures, from time to time, may greatly increase or diminish according to the health and condition of the pauper. It would be impossible, therefore, to estimate beforehand the amount which an appellant would be entitled to receive at the close of the litigation. Until a final decree is entered in the sessions or here, the amount of money paid for relief, in the nature of the case, cannot be computed. If it be said that tbe computation may be made to tbe date of tbe decree in tbe sessions, how can the appellant know at what date the court may determine the appeal; or, knowing that, Iiow can he determine what disbursements he may be obliged to make before that day? It was doubtless to obviate the practical difficulties suggested,
It would seem, therefore, to be imperative upon the court to award to the appellant, if the appeal be determined in his favor, the sums expended for relief, at the same sessions, only on demand. But if no demand be then made the right of recovery still remains, and a demand being subsequently made, the court may still award the amount expended. This was ruled in Williamsport v. Eldred Township, 6 W. N. C., 188. The statute is remedial in its character, and is entitled to receive a liberal construction. The ruling of the ease cited is in exact accordance, not only with the letter, but the purpose and spirit of the statute. It follows, that when the appeal is determined in favor of the appellant, the award may be for costs and charges attending the suit only, or it maj1-, on demand, embrace also the moneys expended for relief.
In the case at bar, the record discloses no claim filed or demand made, for the expenditures on part of the appellant prior to the adjudication of 12th February, 1883. In this form of procedure, the pleadings are, it is true, informal, but, in order to establish a plea of former recovery, there should be something disclosed by the record which would show the claim to have been adjudicated. It is certainly true as contended, that in a competent judicial investigation, the matters necessarily involved in the issue must, upon the determination thereof, as between the parties, be regarded as res adjudicaba; the judgment of the court is the conclusion of the law upon the facts contained in the record, and puts an end to all .further litigation on account of the same matter. But if the subject of litigation, the matter out of which the controversy springs, is not entire; if it is divisible in its nature into distinct, parts, so as to support separate actions, and the record does not in terms embrace the whole, we cannot assume that the whole has been adjudicated.
In the case under consideration the court could only award the money expended for relief, on demand; until demanded the claim was in no sense before the court, and the court can not be considered as having adjudicated what was not before it. The matter directly involved in the issue was, whether or not. the last legal settlement of Philip Faux and his family
The decree of the quarter sessions is therefore affirmed.