14 Pa. 198 | Pa. | 1850
The opinion of the court was delivered by
— In the main, the charge of the court below to the jury, is well enough; but there is one particular in which it is signally and emphatically erroneous. It was an appeal from the report of auditors of the county, to the Court of Common Pleas, in relation to certain claims preferred by Hasson, who was sheriff o'f the county, a great part of which had been allowed by the commissioners and rej ected by the auditors. When the appeal was tried, the court below instructed the jury, among other things, as follows : “ The remaining charge is for fuel. On this subject, also, the evidence is loose and unsatisfactory; the amount furnished, the price paid, and whether used in his family, (the sheriff’s,) or in the prison, is left in doubt. But be that as it may, we think he is not entitled to recover in any event. The act of Assembly requires
We think the court fell into error in instructing the jury that the sheriff was not entitled to an allowance for fuel furnished to the jail.
Judgment reversed and venire de novo awarded.