McCleary v. Allegheny County
Supreme Court of Pennsylvania
Appeal, No. 65, Oct. T., 1894, by plaintiff, from judgment of G. P. No. 1, Allegheny Co., March Term, 1892, No. 21, on demurrer to statement. Assumpsit for salary of sheriff. Plaintiff in his statement claimed to recover $8,750, being a balance of salary alleged to be due him under the acts of March 31, 1876, P. L. 13, and June 13, 1883, P. L. 112, fixing the salaries of sheriffs at $15,000 per annum in all counties containing over five hundred thousand inhabitants.
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Appeal, No. 65, Oct. T., 1894, by plaintiff, from judgment of G. P. No. 1, Allegheny Co., March Term, 1892, No. 21, on demurrer to statement. Assumpsit for salary of sheriff. Plaintiff in his statement claimed to recover $8,750, being a balance of salary alleged to be due him under the acts of March 31, 1876, P. L. 13, and June 13, 1883, P. L. 112, fixing the salaries of sheriffs at $15,000 per annum in all counties containing over five hundred thousand inhabitants. The statement averred that in the year 1890, and prior to the election of plaintiff, the population of Allegheny county was…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The plaintiff is sheriff of Allegheny county. He was elected at the general election in 1890, and entered upon the duties of his office the first Monday of January; 1891. Actingonthe assumption that his office was a salaried one under the act of June 13, 1883, a supplement to the general act of 1876, and that he was not entitled to any of the fees taxed by the fee bill *581for the sheriff, he kept an itemized monthly, account of all fees •earned and received by him, and promptly paid those received each month into the county treasury, and on the second Monday of each…
2Cases cited3 opinions
- Bell v. Allegheny CountySupreme Court of Pennsylvania · 1892
- Commonwealth ex rel. Burleigh v. GrierSupreme Court of Pennsylvania · 1893
- Perot's AppealSupreme Court of Pennsylvania · 1878
3Cited by19 opinions
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
- Bell v. County of AlleghenySupreme Court of Pennsylvania · 1898
- County of Schuylkill v. PepperSupreme Court of Pennsylvania · 1897
- Graham v. PhiladelphiaSupreme Court of Pennsylvania · 1926
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