Legal Opinion

County of Luzerne v. Trimmer

Supreme Court of Pennsylvania

Decided October 4, 1880PublishedCited by 8 opinions

Error to the Court of Common Pleas of Columbia county: Of May Term 1880, No. 119. This action was originally brought in Luzerne county, .and the venire was afterwards changed to Columbia county.

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Error to the Court of Common Pleas of Columbia county: Of May Term 1880, No. 119. This action was originally brought in Luzerne county, .and the venire was afterwards changed to Columbia county. It was a case stated, in substance, as follows: S. W. Trimmer was duly elected at the general election in the fall of 1873, and commissioned prothonotary of the county of Luzerne, to hold office until the first Monday of January 1877, and until his successor was duly qualified, and held the office from the 13th March 1875, to the 3d of January 1877. A. P. Barber was elected to the office of…

1Opinion of the CourtJustice Mercur

The right of the defendant in error to the emoluments of the office ended when it was judicially decided that Barber was duly elected and entitled to the office. The decision in favor of Barber was made by the Court of Common Pleas on the 30th June 1877. Inasmuch, however, as a certiorari was taken to that judgment, and it was not affirmed in this court until the 25th March 1878, the learned judge held the defendant in error entitled to the emoluments of the office until the latter date. In so holding there was error. Due effect was not thereby given to the judgment of the 30th June 1877. The…

2Cited by8 opinions

  1. Jones v. DusmanSupreme Court of Pennsylvania · 1914
  2. Commonwealth Ex Rel. Shoemaker v. ThomasSupreme Court of Pennsylvania · 1937
  3. Drach v. LeckenbySupreme Court of Colorado · 1918
  4. Moritz v. Luzerne CountySupreme Court of Pennsylvania · 1925
  5. Nowling v. NewellSuperior Court of Pennsylvania · 1916

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