Cotner v. Montour Co.
Superior Court of Pennsylvania
Appeal, No. 41, Jam T., 1900, by plaintiff, in a suit of George P. Cotner against Montour county, from judgment of C. P. Montour Co., Jan. T., 1899, No. 66, in favor of defendant on case stated. Opinion by Rice, P. J. Orlady, J., dissents. Case stated.
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Appeal, No. 41, Jam T., 1900, by plaintiff, in a suit of George P. Cotner against Montour county, from judgment of C. P. Montour Co., Jan. T., 1899, No. 66, in favor of defendant on case stated. Opinion by Rice, P. J. Orlady, J., dissents. Case stated. It appears from tbe case stated tbat at tbe joint session of tbe county commissioners and tbe county auditors of tbe county of Montour, the rates of the commission of the county treasurer of said county were fixed by the following resolution: “ Resolved, that the commission of the county treasurer for the ensuing year A. D. 1897 be fixed as…
1Opinion of the Court
Opinion by
Rice, P. J.,
The 41st section of the Act of April 15, 1834, P. L. 537, relative to the compensation of county treasurers reads as follows : “ Each county treasurer shall receive in full compensation for his services on behalf of the county, a certain amount per' cent on 'all moneys received and paid by him, which rate shall be settled from time to time by the county commissioners with the approbation of the county auditors.” The resolution under consideration in the present ease fixed the compensation of the plaintiff at “ three per cent on all ordinary county funds *517received and paid…