Commonwealth v. Schadt
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1906, by-plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1905, No. 19, on case tried’by the court without a jury in suit of Commonwealth to use of City of Scranton v. Charles H. Schadt, August Robinson, O. S. Johnson and E. N. Willard. Assumpsit on a bond. Before Edwards, P. J. The facts are stated in the opinion of the Supreme Court. The case was tried by the court without a jury. Error assigned was in entering judgment for defeJidant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action brought to recover from a county treasurer certain commissions on liquor license moneys, and is instituted on a bond given for the protection of the common-wealth'. The suit was commenced more than six years after the expiration of the term of office of the defendant Schadt. There is no doubt that the commissions belong to the city, and not to the county treasurer. The court below properly so held under the authority of our cases: County of Schuylkill v. Pepper, 182 Pa. 13; Pittsburg v. Anderson, 194 Pa. 172.
The question to be determined oh this…
2Cases cited5 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- County of Schuylkill v. PepperSupreme Court of Pennsylvania · 1897
- Guaranty Trust & Safe Deposit Co. v. PowellSupreme Court of Pennsylvania · 1892
- Commonwealth ex rel. State Hospital for the Insane v. County of PhiladelphiaSupreme Court of Pennsylvania · 1899
- City of Pittsburg v. AndersonSupreme Court of Pennsylvania · 1899
3Cited by2 opinions
- Monroe County v. EilenbergerSupreme Court of Pennsylvania · 1907
- Reis v. McDevittSupreme Court of Pennsylvania · 1908