Department of Public Assistance v. Sharago

Opinion by

Mr. Justice Musmanno,

The Commonwealth of Pennsylvania seeks in this case, through the Department of Public Assistance, to collect from Mrs. Sallie Sharago, a 72-year-old widow, $1,181.74 which admittedly she never received, never contracted to pay, and benefits from which never entered her sphere of enjoyment. For the State to impose such a palpable injustice requires specific authority in law which cannot be found in all the books of Pennsylvania.

The untoward situation arose as follows: In March, 1947, Samuel Sharago, who was living apart from his *76elderly wife, made application for…