Peeling v. County of York
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: Of July Term, 1885, No. 86. This was an action of assumpsit wherein James Peeling was plaintiff and the county of York was defendant. The following case stated was filed and submitted to the Court: Case stated as if found by a special verdict, and to be subject to a writ of error by either party without bail or recognizance.
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Error to the Court of Common Pleas of York county: Of July Term, 1885, No. 86. This was an action of assumpsit wherein James Peeling was plaintiff and the county of York was defendant. The following case stated was filed and submitted to the Court: Case stated as if found by a special verdict, and to be subject to a writ of error by either party without bail or recognizance. The plaintiff, James Peeling, was duly elected sheriff of York county on the 6th daj of November, A. D. 1877, and was duly qualified and commissioned, and entered upon the duties of his office on the first Monday of…
1Opinion of the CourtChief Justice Meecue
This contention arises under the Act of 10th April, 1873, P. L. 666, modified by section 13, Article III. of the Constitution of 1874. The latter declares “no law shall extend the term of any public officer or increase or diminish his salary or emoluments after his election or appointment.”
The compensation ordered, by authority of law, to be paid to the sheriff, for the board of prisoners in the county jail, is an emolument pf his office within the section of the Constitution cited: Apple v. County of Crawford, 105 Pa. St., 300.
The difficulty of the plaintiff in successfully invoking the aid…
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