Tarner v. Chambersburg Borough School District

Opinion by

Mb. Justice Linn,

In the quo warranto proceeding, reported as Com. ex rel. Tarner v. Bitner, 294 Pa. 549, 144 A. 733, it was decided that Tamer, who is the plaintiff in the present case, held title to the office of tax collector for the borough of Chambersburg for the year 1928. For that year, Bitner, who was the defendant in the quo warranto and who was held not entitled to the office, collected $134,-803.66 school taxes and retained $3,370.09 as tax collector’s compensation. Thereafter, Tarner, contending that the right to receive the compensation was inherent in his office,…