Maginnis v. Schlottman
Superior Court of Pennsylvania
Appeal, No. 276, Oct. T., 1920, by plaintiff, from judgment of C. P. Schuylkill County, May T., 1920, No. 121, discharging alternative writ of mandamus in tbe case of Edward J. Maginnis v. John E. Schlottman. Petition for alternative mandamus. Before Bechtel, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court. The court discharged the petition. The petitioner appealed.
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Appeal, No. 276, Oct. T., 1920, by plaintiff, from judgment of C. P. Schuylkill County, May T., 1920, No. 121, discharging alternative writ of mandamus in tbe case of Edward J. Maginnis v. John E. Schlottman. Petition for alternative mandamus. Before Bechtel, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court. The court discharged the petition. The petitioner appealed. Error assigned was the order of the court. —An assistant district attorney is a public officer and not a clerk, and under the Act of July 17, 1919, P. L. 995, the petitioner was entitled to his salary at the rate…
1Opinion of the Court
Opinion by
Trexler, J.,
The case came before the lower court upon the petition of Edward J. Maginnis, the third assistant district attorney of Schuylkill County, praying that a writ of mandamus issue to the county controller commanding him to approve the bill for the salary of the petitioner. He had been regularly appointed the third assistant district attorney on January 5, 1920, by the district attorney of the county, under the Act of July 17,1919, P. L. 995, the population of said county at that time being more than two hundred thousand and less than seven hundred and fifty thousand…
2Cases cited9 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
- Commonwealth ex rel. Wolfe v. ButlerSupreme Court of Pennsylvania · 1882
- Page v. AllenSupreme Court of Pennsylvania · 1868
- Commonwealth v. BellSupreme Court of Pennsylvania · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mummau v. RanckDistrict Court, E.D. Pennsylvania · 1982
- Graeff v. SchlottmanSupreme Court of Pennsylvania · 1926
- Walker's AppealSupreme Court of Pennsylvania · 1928
- Hallman v. Montgomery County, Pennsylvania Court of Common Pleas, Montgomery County1924
- Beckman v. Lansberry, Pennsylvania Court of Common Pleas, Lycoming County1939
3 more not listed; retrieve them via the Exa API.