(Download) "Commonwealth v. Berks County" by the Supreme Court of Pennsylvania * Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Berks County
- Author : the Supreme Court of Pennsylvania
- Release Date : January 20, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
OPINION BY Mr. Justice JONES The Commonwealth sued the County of Berks for the cost of maintaining in a State mental institution two criminals who, having been convicted in the County, became insane while serving their sentences and were transferred to the Wernersville State Hospital. The County answered, denying the plaintiff's right to recover because of an alleged indebtedness due the County by the Commonwealth in an amount in excess of the sum sued for; the indebtedness so asserted by the County grew out of the Commonwealth's collection from persons legally liable for the support of indigent insane, the cost of their maintenance in State institutions, to which the County had theretofore contributed and for which it was then entitled to pro tanto reimbursement. The facts not being in dispute, a jury trial was waived. It is the Commonwealth's contention that the County's claim constitutes a set-off or counterclaim and is not available, without the consent of the Commonwealth, as a defense to the suit. The learned trial judge held otherwise and entered judgment for the defendant to which the plaintiff filed exceptions. The court en banc dismissed the exceptions and the Commonwealth appealed.
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