DocketNumber: Appeal, No. 46
Citation Numbers: 63 Pa. Super. 150
Judges: Henderson, Kephart, Lady, Trexler, Williams
Filed Date: 5/9/1916
Status: Precedential
Modified Date: 2/18/2022
Opinion by
There is nothing in the Act of 1909, P. L. 392, which made it obligatory on the court to direct an issue. The language of the act is: “Whereupon the court may direct an issue to determine disputed questions of fact between the officers acting and the township.” Where the evidence is fairly contradictory on material matters the court will award an issue but the record does not exhibit such “disputed questions of fact” as entitled the appellant to an issue. The petition for the rule on the township commissioners and treasurer to show cause why the report of the audit should not be reformed in accordance with the averments contained therein and the answer of the commissioners and treasurer thereto substantially agree on the facts. The matters in controversy are questions of law to be disposed of by the court. The amount of the disbursements on orders objected to is not questioned nor is there any controversy that all the orders were given to members of the board of township commissioners. Section 4 of the Act of April 28, 1899, P. L. 105, provides that “No township commissioner shall receive any salary or shall be eligible to any other township office.” The amounts for which the orders were drawn represented claims of the several commissioners for services rendered by them in their official capacity. To one of them an order was given for services as inspector of a road built by the State through the township under the Act of May 1, 1905, P. L. 318, at the rate of f65.00 a month. The learned judge of the court below could find no authority for the employment of one of the commissioners as an inspector under such circumstances; nor has our attention been directed to any law supporting the respective claims of the com