Evans v. Luzerne County
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1913, by plaintiff, from judgment of C. P. Luzerne. Co., Feb. T., 1912, No. 340, for defendant on case stated in suit of George J. Evans v. Luzerne County. Case stated to determine liability of county for salary of a public officer. The opinion of the Superior Court states the case. Error assigned was the judgment of the court in favor of the defendant.
1Opinion of the Court
Per Curiam,
The question involved in this appeal is, whether an assistant clerk of a separate orphans’ court is a public officer, within the meaning of sec. 13, art. Ill, of the constitution, which prohibits the increase or the diminution of the salary of any public officer “after his election or appointment.” By assistant clerk is meant, in the case before us, an assistant clerk appointed by virtue of the *45authority given, and having the powers and subject to the duties contemplated, by sec. 22 of art. V of the constitution, relating to the establishment of separate orphans’ courts and the…
2Cases cited5 opinions
- Richie v. PhiladelphiaSupreme Court of Pennsylvania · 1909
- Commonwealth v. GambleSupreme Court of Pennsylvania · 1869
- Reid v. Smoulter, Pennsylvania Court of Common Pleas, Luzerne County1889
- Richie v. PhiladelphiaSuperior Court of Pennsylvania · 1908
- Seltzer v. FertigSupreme Court of Pennsylvania · 1912
3Cited by7 opinions
- Goodwin v. Allegheny CountySuperior Court of Pennsylvania · 1956
- Commonwealth v. GallagherSuperior Court of Pennsylvania · 1949
- Eason v. MajorsNebraska Supreme Court · 1923
- McKinney v. County of NorthumberlandSuperior Court of Pennsylvania · 1921
- Conner v. Lawrence County, Pennsylvania Court of Common Pleas, Lawrence County1937
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