County of Allegheny v. Grier
Supreme Court of Pennsylvania
Appeal, No. 32, Oct. T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1895, No. 828, on demtirrer. Assumpsit to recover from the controller of Allegheny county §1,290.32, alleged to have been paid to him by mistake in excess of his salary as fixed by law.
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Appeal, No. 32, Oct. T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1895, No. 828, on demtirrer. Assumpsit to recover from the controller of Allegheny county §1,290.32, alleged to have been paid to him by mistake in excess of his salary as fixed by law. The defendant demurred to the statement for the following reasons: (1) at the date of the payments mentioned in the plaintiff’s statement the salary of the office of controller of Allegheny county was not payable under the act of May 7, 1864, entitled, “An act relating to Allegheny County; ” ' (2) the salary of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The principle which underlies the construction heretofore given the act of 1876 and its supplements is too plain for question. The constitution had declared that in counties of a specified class, their officers should be paid by fixed salaries; and the legislature sought by that act to accomplish this purpose. It accordingly struck down all prior acts which provided for the payment of such officers in fees as being necessarily inconsistent with the constitutional mandate; and hence McCleary v. County, 163 Pa. 678, and allied cases; and left those acts…
2Cases cited8 opinions
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- Bell v. Allegheny CountySupreme Court of Pennsylvania · 1892
- Commonwealth v. FieldSupreme Court of Virginia · 1887
- Taylor v. Board of HealthSupreme Court of Pennsylvania · 1855
- American Steamship Co. v. YoungSupreme Court of Pennsylvania · 1879
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3Cited by23 opinions
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- Loushay AppealSupreme Court of Pennsylvania · 1952
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