
    Lancaster County v. Landis, Appellant.
    
      Public officers—County officers—Principal and surety—Settlement by county auditors—Action—Premature action.
    
    Where a county treasurer has kept accounts, and handed his books of account over to his successor, but has failed to pay to his successor a balance shown by his books to be due to the county, a common-law action may be maintained by the county against the sureties on the treasurer’s bond, although the county auditors may have not as yet settled and adjusted the treasurer’s account.
    Argued May 18, 1904.
    Appeal, No. 282, Jan. T., 1904, by defendant, from judgment of C. P. Lancaster Co., April T., 1900, No. 32, on verdict for plaintiff in case of Lancaster County v. Clayton G. Landis, administrator of David Bi Landis, deceased.
    Before Mitchell, C. J., Dean, Pell, Potter and Thompson, JJ.
    Affirmed.
    Assumpsit on a county treasurer’s bond. Before Landis, P. J.
    Verdict and judgment for plaintiff for §67,874.03. Defendant appealed.
    
      
      Error assigned was in giving binding instruction for plaintiff.
    
      W. U. Sensei, with him Coyle Keller, for appellant.
    
      N. E. Hall, for appellee.
    October 10, 1904:
   Per Curiam,

This case is ruled by Lancaster County v. Hershey, 205 Pa. 348.

Judgment affirmed.  